Annexes

LIST OF ANNEXES
ANNEX
No.
DECLARATIONS PAGE
1. Declaration of President Juan Manuel Santos on
the judgment of the International Court of Justice,
19 November 2012.
119
2. Declaration of President Juan Manuel Santos on the
denunciation of the Pact of Bogota, 28 November 2012.
123
3. Declaration of President Juan Manuel Santos during the
Summit of Governors in San Andres, 18 February 2013.
127
4. Declaration of President Juan Manuel Santos on the
integral strategy of Colombia on the Judgment of the
International Court of Justice, 9 September 2013.
131
5. Declaration of President Juan Manuel Santos during the
sovereignty exercises performed in the Caribbean Sea,
18 September 2013.
139
6. Declaration of the Colombian Minister of Foreign
Affairs, María Ángela Holguín - “The Hague’s judgment
is difficult to abide because the entire country is against it:
Holguin”, El Colombiano, 25 October 2013.
143
7. Presidency of the Republic of Colombia, Press Release,
“The Limits of Colombia with Nicaragua continue to
be those established in the Esguerra-Barcenas Treaty,
affirmed the President of Colombia”, 2 May 2014.
147
DECREES / RESOLUTIONS / LAW
8. Colombian Law No. 10 on Maritime Spaces, 4 August
1978, Diario Oficial No. 34077, 18 August 1978.
151
9. Presidential Decree 1946 of 9 September 2013. 155
10. Map presented by President Juan Manuel Santos,
09 September 2013.
165
113
11. Governorship, Department of the San Andrés, Providencia
and Santa Catalina, Resolution No. 005081, 22 October
2013.
169
12. Comptroller General’s Office of the Department
Archipelago of San Andrés, Providencia and Santa
Catalina, Report on the Status of the Natural Resources
and the Environment 2013.
177
13. Presidential Decree 1119 of June 17, 2014. 197
14. DIMAR Resolution Number 0305 of 2014, 25 June 2014 203
15. President Juan Manuel Santos, Complaint against articles
XXXI and L of the Pact of Bogotá, Constitutional Court,
D-9907 (12 September 2013).
211
16. Republic of Colombia, Constitutional Court, File D-9852
AC- Sentence C-269/14 (2 May 2014).
235
DIPLOMATIC NOTES
17. Diplomatic Note from the Minister of Foreign Affairs
of Nicaragua, to the Embassy of the United States of
America, dated 13 September 2014.
249
18. Diplomatic Note from the Minister of Foreign Affairs of
Nicaragua, to the Minister of Foreign Affairs of Colombia,
dated 13 September 2014.
253
CORRESPONDECE
19. Letter from Colombia to Secretary General of the
Organization of American States dated 27 November
2012 (GACIJ No.79357).
263
20. Letter from the President of the Nicaraguan Chamber
of Fisheries to the Executive Chair of the Nicaraguan
Institute of Fisheries, dated 6 January 2014.
267
114
21. Letter from the President of the Nicaraguan Chamber
of Fisheries to the Executive Chair of the Nicaraguan
Institute of Fisheries, dated 1 July 2014.
271
22. Letter from the President of the Nicaraguan Chamber
of Fisheries to the Executive Chair of the Nicaraguan
Institute of Fisheries, dated 24 July 2014.
275
23. A-Letter from the Nicaraguan Naval Force to the
Ministry of Foreign Affairs reporting on incidents with
the Colombian Navy in Nicaragua’s Exclusive Economic
Zone, dated 26 August 2014.
B- Audio Transcripts.
279
325
24. Location of Reported incidents in the Luna Verde Area. 345
MEDIA REPORTS
25. “ICJ ruling on San Andres a ‘serious judgment error’:
Santos”, Colombia Reports, 20 November 2012.
349
26. “International Court Gives Nicaragua More Waters,
Outlying Keys to Colombia”, Dialogo, 21 November
2012.
353
27. “Message from President Daniel to the People of
Nicaragua”, El 19 Digital, 26 November 2012.
357
28. “Caribbean Crisis: Can Nicaragua Navigate Waters It
Won from Colombia?”, Time World, 28 November 2012.
363
29. “Colombia pulls out of International Court over
Nicaragua”, BBC, United-Kingdom, 28 November 2012.
369
30. “The Colombian Foreign Minister Calls The Hague an
Enemy”, El Nuevo Herald, 28 November 2012.
373
31. “Santos and Ortega will meet this Saturday in Mexico
City”, La República, 29 November 2012.
377
115
32. “Government of Colombia will not implement ICJ
judgment until the rights of Colombians have been
restored”, El Salvador Noticias.net, 3 December 2012.
381
33. “Nicaragua: no oil concessions in Seaflower”, Nicaragua
Dispatch, 6 December 2012.
385
34. “Colombia avoided boundary frictions with the Army of
Nicaragua”, Caracol, 19 February 2013.
389
35. “Nicaragua asks Bogotá to form The Hague Commissions”,
La Opinion, 22 February 2013.
393
36. “With patrolling aircraft of the Armada, Governor of San
Andres makes an act of sovereignty in the 82° meridian”,
Zonacero.info, 19 August 2013.
397
37. “Governess Participated during Patrol of the 82nd Meridian
Area”, RCN Radio, 20 August 2013.
401
38. “World Court ruling on maritime borders unenforceable
in Colombia: Vice President”, Colombia Reports, 23
August 2013.
405
39. “Daniel: 40 years from the martyrdom of Allende, peace
must prevail” El 19 Digital, 11 September 2013.
409
40. “Assembly of Nicaragua supports dialogue with
Colombia”, El Universal, 12 September 2013.
413
41. “Santos orders defense of the continental shelf with
cloak and sword”, El Espectador, 19 September 2013.
417
42. “We Will Continue Being Guarantors of National Security
With Strength and Soundness, Commander Wills in the
Colombia Lectureship”, 21 March 2014.
421
43. “Devoid of a New Treaty, the Limits of Colombia and
Nicaragua Continue to be the Same: Santo”, W. Radio, 2
May 2014.
425
116
44. “We Must Seek Agreements With Nicaragua to Apply
the Ruling Without Disavowing the Constitution: Former
Attorney General Carlos Arrieta’”, RCN Radio, 3 May
2014.
429
45. “A New Treaty with Nicaragua Should be Made Defining
the Limits”, El Tiempo, 3 May 2014.
433
46. “Nicaragua proposes to coordinate The Hague’s sentence
with Colombia”, AFP, 9 May 2014.
439
47. “Santos Says that the Ruling by The Hague is Inapplicable”,
El País, 19 May 2014.
443
48. “Santos Guarantees Continuity in his Foreign Policy with
Latin America”, America Economica, 17 June 2014.
447
49. “Nicaragua Fears Losing the Sea”, available at http://
www.taringa.net/posts/info/17784410/Nicaragua-temeperder-
el-mar.html
451
50. “This is the outline Security of the National Armada and
the Colombian Air Force Implemented in San Andres”,
Webinfomil.com, 23 November 2012.
455
117
Annex 1
“Declaration of President Juan Manuel Santos on the
judgment of the International Court of Justice”
19 November 2012
119
120
Declaration of President Juan Manuel Santos on the judgment of the
International Court of Justice. Bogota, 19 November 2012
“Today this Court rejected the claims of sovereignty of Nicaragua over our
archipelago. It is a final and unappealable judgment on this issue.
[…]
The Court, in its judgment draws a line that begins on the west of the
archipelago, between our islands and the coast of Nicaragua.
While this is positive for Colombia, the Court, when drawing the maritime
delimitation line, made serious mistakes that I must stress, and [those
mistakes] affect us negatively.
[…]
Inexplicably - after recognizing the sovereignty of Colombia over the
entire archipelago and holding that it [the archipelago] as a unit generated
continental shelf and exclusive economic zone rights – the Court adjusted
the delimitation line, leaving the Keys of Serrana, Serranilla, Quitasueño
and Bajo Nuevo separated from the rest of the archipelago.
This is inconsistent with what the Court itself acknowledged, and is not
compatible with the geographical conception of what is an archipelago.
All of these are really omissions, errors, excesses, inconsistencies that
we cannot accept.
Taking into account the above, Colombia – represented by its Head of
State – emphatically rejects that aspect of the judgment rendered by
the Court today.
[…]
The Government respects the rule of law but considers that the Court has
committed serious mistakes in this matter.” (emphasis added)
Available at
http://wsp.presidencia.gov.co/Prensa/2012/Noviembre/Paginas/20121119_02…
121
Annex 1
122
Annex 2
“Declaration of President Juan Manuel Santos on the
denunciation of the Pact of Bogota”
28 November 2012
123
124
Declaration of President Juan Manuel Santos on the denunciation of
the Pact of Bogota
28 November 2012
“I have decided that the highest national interests demand that the
territorial and maritime boundaries be fixed through treaties, as has been
the legal tradition of Colombia, and not through judgments rendered by the
International Court of Justice.
[…]
This is why yesterday Colombia denounced the Pact of Bogotá. Proper
notice was given to the Secretary General of the Organization of American
States. It will become effective for procedures that are initiated after the
notification. ..
Never again, never again will what happened through the International
Court of Justice’s Judgment of 19 November happen to us again.
[…]
The decision I have made obeys to a fundamental principle: the boundaries
between states should be fixed by States themselves. Land borders and
maritime boundaries between states, should not be left to a Court, but
rather must be fixed by States through treaties of mutual agreement”
(emphasis added)
Available at
http://wsp.presidencia.gov.colPrensa/2012/NoviembrelPaginas/20121128 04.aspx
125
Annex 2
126
Annex 3
“Declaration of President Juan Manuel Santos during the
Summit of Governors in San Andres”
18 February 2013
127
128
Declaration of President Juan Manuel Santos during the Summit of
Governors in San Andres
18 February 2013
“…[it should be] absolutely and totally clear that: I have given peremptory
and precise instructions to the Navy; the historical rights of our fishermen
are going to be respected no matter what. No one has to request permission
to anybody in order to fish where they have always fished…
Colombia fishermen are going to be able to exercise their historical fishing
rights wherever they have been fishing – that is what we have been saying.
We will make sure of that.
[…]
This afternoon the Minister of Defense will arrive, the Commander of the
Navy is coming [too] and I am going to reiterate this in front of all the San
Andres people: You do not have to request permission from anybody in
order to fish where you have traditionally fished.”
Available at
http://wsp.presidencia.gov.colPrensa/2013/FebrerolPaginas/2013021809.as…
129
Annex 3
130
Annex 4
“Declaration of President Juan Manuel Santos on the
integral strategy of Colombia on the Judgment of the
International Court of Justice”
9 September 2013
131
132
Colombia presents its integral strategy regarding Judgment of The Hague
1. We decided that without a treaty, the Judgment is not applicable.
2. We consolidated our archipelago by declaring a an Integral Contiguous Zone
3. We advanced in environmental and social protection in the Seaflower
Reserver.
4. We stopped Nicaragua’s expansionist plans by declaring the unification of two
continental seabeds which jointly extend from San Andrés to Cartagena.
Bogotá, 9 Sept (SIG). What follows is a public statement from the President of
the Republic, Juan Manuel Santos, on Colombia’s Integral Strategy regarding the
Judgment of the International Court of Justice in The Hague:
“Fellow Colombians: All the people of our country continue to feel indignant
about the International Court of Justice Judgment.
Our government, which inherited work in a process that had been going on for
more than a decade, was the one to receive the decision and take measures to face
the situation it created.
We did this with several actions we took from the beginning.
We designed and put in motion an ambitious investment plan to the benefit of San
Andrés’ people, including programs in the areas of health, education, housing,
technology, infrastructure and energy. We also strengthened protection of the
fishing community.
These investments, which we decided together with the people of the island based
on their priorities, are more than twice the historical investment in this
department. They are now a reality and are being carried out quickly.
The objective is to make the Archipelago a sustainable region that extends
development opportunities to its people.
We also denounce the Bogotá Pact, or rather; we withdrew from this treaty which
recognized the jurisdiction of the Court at The Hague.
We have also diligently committed to the development of a juridical and political
strategy for reinforcing and consolidating the rights of Colombians over the San
Andrés, Providencia and Santa Catalina Archipelago.
133
Annex 4
Annex 4
Toward this end we have had the support of reknown national and foreign
lawyers, and we examined and evaluated different opinions, different concepts
and theses which served to design this Integral Strategy.
Today I would like to inform this strategy to you.
In the FIRST PLACE – and after analysis of the juridical studies and concepts – I
reiterate what I stated the very day the Judgment was emitted.
I was elected to defend and uphold the Constitution of Colombia.
That was my oath which I will not and cannot violate.
My constitutional responsibilities include protection and guarantee of the rights of
Colombians, to defend our borders and honor the treaties Colombia has
subscribed with other States.
Article 101 of our Constitution states that “the borders defined as provided in this
Constitution shall be subject to modification only by virtue of treaties approved by
Congress and duly ratified by the President of the Republic.”
On its part, the Constitutional Court, has clearly stated that these treaties – that is
to say, those that refer to the borders and demarcation of Colombia – should
always be approved by our Congress.
As President I have the obligation to respect the mandate of our Constitution and
what the Constitutional Court has said.
For that my position is clear and unyielding:
“The Judgment of the International Court of Justice is not applicable – it is not
and will not be applicable – until a treaty that protects the rights of Colombians
has been celebrated, a treaty that will have to be approved in accordance with our
Constitution.
I repeat the decision I have made: The judgment of the International Court IS
NOT APPLICABLE without a treaty.”
I repeat the decision I have made: The Judgement of the International Court of
Justice IS NOT APPLICABLE without a treaty.
As Head of State, I will defend this position in the pertinent national and
international entities.
134
Annex 4
In that regard, the Government will make demands before the Constitutional
Court regarding the so-called Bogotá Pact. What is the purpose of this?
So that it reaffirms the thesis that a Judgment of the Court in The Hague cannot
automatically modify Colombia’s maritime demarcation.
I now move on to the SECOND DECISION
Today I have issued a very important decree whose reach I would like to explain
to you.
National law as well as International Law recognize for our islands basic maritime
areas – territorial waters and a contiguous zone – that cannot be automatically
modified:
Those areas cannot be ignored nor shall we allow this.
For that reason, based on Colombia’s laws and taking into account clear principles
of International Law, by way of this decree and as recognized to us by
International Law, we are establishing jurisdictional and control rights over the
mentioned zone.
And we declare the existence of an Integral Contiguous Zone through which we
have unified the contiguous zones of all our islands and keys in the Western
Caribbean Sea.
We will continue to exercise full jurisdiction and control in this zone.
This integral area allows us to continue to adequately administrate the
Archipelago and its surrounding waters – as an archipelago rather than
unconnected territories, thus being able to control our security and protect our
resources and environment in the zone.
The Integral Contiguous Zone we have established covers maritime spaces that
extend from the south, where the Albuquerque and East-Southeast keys are
situated, and to the north, where Serranilla Key is located.
Of course, it includes the San Andrés, Providencia and Santa Catalina,
Quitasueño, Serrana and Roncador islands, and the other formations in the area.
135
Annex 4
I know these islands and I have toured them, including their islets and keys, not
only when I was Defense Minister, but also forty-five years ago when I was a
naval cadet and I patrolled these waters from the ARC Antioquia frigate.
That is why today I want to assure my fellow Colombians: what I patrolled as a
marine and what I defended as minister, I shall protect, to the last consequences,
as president.
In this Integral Contiguous Zone we will exercise jurisdiction and control over all
areas related to security and the struggle against delinquency, and over fiscal,
customs, environmental, immigration and health matters and other areas as well.
That means our country can rest assured that the San Andrés, Providencia and
Santa Catalina Archipelago is and will continue to be a complete and integrated
archipelago with an active presence of the State in all its maritime territories.
A THIRD DECISION is to resort to all juridical and diplomatic means in order to
reaffirm protection of the Seaflower Reserve in which our fishermen have carried
out their fishing livelihood for centuries.
We are aware of the great ecological value this area, which the UNESCO declared
a World Biosphere Reserve, holds for the Archipelago and the world.
Nicaragua wanted the UNESCO to extend it greater rights over the Reserve and
Colombia objected.
We celebrate the recent declaration by this organism that it is not its role to
intervene in controversies between nations, contrary to what Nicaragua wanted.
On the internal level, we have instructed that we aggressively move forward with
environmental and social projects in order to prevent impact or damage to our
fishermen and the Archipelago’s surrounding waters.
There is a FOURTH front, which is really important and fundamental, on which
we are also working in order to contain Nicaragua’s expansionism in the
Caribbean.
We know that as it did during the process that led to the Judgment, Nicaragua
intends to ask the International Court to recognize a continental seabed extending
east from the San Andrés Archipelago.
136
Annex 4
The intent is to deprive us of resources that belong to us. This is so absurd that it
would extend Nicaragua’s jurisdiction to a point only 100 miles from the coast of
Cartagena.
This is totally unacceptable and – I want this to be absolutely clear – there is no
way, there is no circumstance under which we will allow this!
Colombia has faced and is going to face these expansionist plans with all the
determination and rigor it calls for. And we are not alone in this decision.
Together with other countries that are Nicaragua’s neighbors, such as Panama,
Costa Rica and Jamaica, which are also affected by its expansionist ambitions, we
will sign a letter of protest which I will personally hand to the Secretary General
of the United Nations when I intervene in the General Assembly this month in
New York.
In fact – and we must remember this – this Judgment from The Hague totally
disregards the demarcation treaties which are in place with these countries and
which we are obliged to comply with.
That is another reason we CANNOT apply the Judgment and which forces us to
resort to diplomatic means.
On my part, my fellow Colombians can rest assured that we will firmly oppose
Nicaragua’s expansionist plans in every international entity with very solid
technical and juridical arguments that have been ready for a long time and which,
understandably, I cannot reveal.
I have no doubt – not the smallest doubt – that we will triumph in this effort.
In the decree we have emitted today, we are also reaffirming in juridical terms that
the San Andrés continental seabed extending west 200 nautical miles, is
unquestionably joined with Colombia’s Caribbean coast continental seabed,
which extends northwest toward San Andrés for at least 200 miles.
This means we have a continuous and integrated continental seabed that extends
from San Andrés to Cartagena, over which Colombia has and will exercise the
sovereign rights extended by International Law.
Thus, we clearly, firmly and unquestionably close the door to allowing
Nicaragua’s expansionist intentions.
137
Annex 4
All the measures we have taken and those I am announcing are part of that
integral strategy which has been carefully designed to defend Colombia’s
interests.
Thus, to enforce this strategy, today we have taken four fundamental steps which
we can summarize as follows:
First: We decided that without a treaty, the Judgment is not applicable.
Second: By declaring the zone an Integral Contiguous Zone we have
consolidated our Archipelago.
Third: We are making progress in the environmental and social protection
of the Seaflower Reserve.
And Fourth: We have stopped Nicaragua’s expansionist ambitions by declaring
the unity of two continental seabeds which together extend from
San Andrés to Cartagena.
Of course, besides these four measures, we reserve the right to resort to the
resources of the International Court of Justice, and to take other actions.
None of these decisions precludes those that fish in the area as a means of
subsistence for themselves and their families from continuing to do so because we
are also responsible regarding peace and security in the Caribbean.
Compatriots:
You can rest assured that as President and as a Colombian, I shall continue to
protect our rights.
Without the least hesitation I shall continue to protect our sovereignty, our islands
and our seas to the last centimetre of our national territory.
With full commitment, total effort, and all strength, I shall continue to faithfully
comply with our Constitution as I swore to do before God and before you.
Good night.”
Available at
http://wsp.presidencia.gov.co/Prensa/2013/Septiembre/Paginas/20130909_0…-
Santos-Colombia-presenta-su-Estrategia-Integral-frente-al-fallo-de-La-Haya.aspx
138
Annex 5
“Declaration of President Juan Manuel Santos during the
sovereignty exercises performed in the Caribbean Sea”
18 September 2013
139
140
Declaration by President Juan Manuel Santos during the Sovereignty
Exercises Performed in the Caribbean Sea
San Andrés Island, September 18 (SIG): “Good afternoon. We are patrolling
and exercising sovereignty on Colombian waters, as I did 45 years ago on board
of the Frigate “Antioquia” of the Armada of the Republic of Colombia (ARC for
its acronym in Spanish). On this occasion, I am on board of the ARC Frigate
“Almirante Padilla”, accompanied by the Frigate “20 de Julio”. And I am not
doing it with my peers in Contingent 42 of the Naval Cadet School, but rather
with the entire Colombian State.
From the Judicial Branch, headed by the President of the Supreme Court of
Justice; from the Legislative Branch, headed by the President of the House of
Representatives and the heads of the Presidents of the Second Commissions of the
Senate and House of Representatives; and the head of Representative Jack
Housni, who represents San Andrés and Providencia in the House of
Representatives.
I am also accompanied by the Honorable Minister of Justice and Law, by the
Honorable Minister of Defense, and the Commanders of our Military Forces and
the Director of the Police.
After this patrol exercise, I want to reaffirm what I said on the 9th of the current
month, on Monday last week: Colombia deems that the ruling by The Hague is
not applicable, and we will not apply it, as we stated then and I repeat today, until
we have a new treaty. And we will not implement any action, in any direction,
until the Constitutional Court rules, after the lawsuit that I personally introduced
against the Bogota Agreement.
I also want to reaffirm that we will continue to protect the Seaflower Reserve,
which UNESCO deems as patrimony of humanity.
In this trend of thought, for quite some time, I asked Attorney Sandra Bessudo to
gather all of the existing information, all of the research carried out by different
universities, by the diverse institutions, by the National Assembly itself and the
NGOs, relating to the scientific value of this Reserve, which belongs to humanity.
She now has this information. And we are going to make a scientific expedition at
the end of this year with the Armada, with different universities, with the
academia. It will be a scientific expedition where we are going to use state of the
Annex 5
141
art technology: a robot that will dive to 300 meters depth and film for the first
time. No one has ever reached such depths.
Exercises will be implemented with satellite telemetry, shark acoustics, and
fisheries prospection because this area is of great importance for our artisanal
fishermen, (we will study) marine mammals, which will provide information to
support our actions framed in the International Whaling Commission. We will
also implement oceanography studies, coastal erosion and climate change studies,
all of this in coordination with UNESCO.
Lastly, I want to refer to the new lawsuit introduced by Nicaragua against
Colombia. We vehemently reject this new lawsuit, which requests the extended
platform that the International Court of Justice in The Hague had already rejected.
We consider that this lawsuit is inadmissible, as a lawsuit without any grounds, as
an unfriendly lawsuit, as a reckless lawsuit, a lawsuit without any possibility for
success.
Our platform goes from San Andres, where we are now, up to Cartagena,
Barranquilla and Santa Marta. This platform is not negotiable under any
circumstances whatsoever. And we will defend it with all vehemence, all
forcefulness, because it is the platform that belongs to us, the Colombians.
So that here, in this place, on this frigate, I reaffirm that we will not allow this
new lawsuit introduced by Nicaragua against Colombia to take hold. There are no
legal grounds for it, no technical grounds, and therefore, I repeat, we will defend it
forcefully and vehemently.
And we will continue patrolling, just as we are doing so today. And we will
continue exercising sovereignty over our territory, over our waters.
We are also in the company of Madame Governor of San Andres and Providencia.
She knows that she enjoys full backing from the National Government. We have
provided support in many fronts and we will continue to provide so that San
Andres, Providencia and Santa Catalina can enjoy an increasingly better future.
Thank you very much”.
Available at
http://wsp.presidencia.gov.co/Prensa/2013/Septiembre/Paginas/20130918_09-
Palabras-Presidente-Juan-Manuel-Santos-durante-ejercicio-soberania-quecumplio-
en-el-Mar-Caribe.aspx or, for the video,
http://wsp.presidencia.gov.co/Videos/2013/Septiembre/Paginas/Septiembre…
Annex 5
142
Annex 6
“Declaration of the Colombian Minister of Foreign
Affairs, María Ángela Holguín”- “The Hague’s judgment
is difficult to abide because the entire country is against
it: Holguin”
25 October 2013
143
144
El Colombiano
The Hague’s judgment is difficult to abide because the entire country is
against it: Holguin
Efeǀ Rabat, Morocco ǀ Published on October 25, 2013
The sentence of the International Court of Justice (ICJ) at The Hague of 2012 on
the maritime dispute between Colombia and Nicaragua will be very difficult to
abide because “the entire country (Colombia) is against it”, opined this Friday
in Rabat the chancellor Maria Angela Holguin.
“If you look, the people don’t want the judgment to be accepted (…) I don’t
see a good outcome out of this”, said Holguin, who visits Morocco to reunite
with her Moroccan counterpart and during the weekend convene the Colombian
ambassadors in Africa and the Middle East in the city of Marrakech.
Holguin said that the ICJ’s decision of November 2012 “is hard to understand”,
especially when it all reduces to only 12 miles of economic space of some
Colombian islands in which 100,000 people live in that depend on fishing, and
thus it becomes a difficult matter for the government to explain to its citizens.
For that- she reminded- the government later approached the Constitutional Court,
for it to be clarified if the modification of the limits “has to be assumed as
such” (as the sentence by the ICJ dictates) or if a new treaty must be
emplaced, as the Colombian Constitution of 1991 states.
To accept the sentence of The Hague “is complex because it would go against the
constitution (but) the Government is conscious that the judgment was
pronounced by a tribunal to which it submitted itself”, resumed Holguin.
Holguin further criticized Nicaragua for having created “a very complex
situation, a revolt, in general in the whole Caribbean”, for its pretense of an
extended continental shelf “goes above of Costa Rica, Panama, Jamaica and up to
Haiti (…) and this is not easy”, she affirmed.
Available at
http://www.elcolombiano.com/BancoConocimiento/F/fallo_de_la_haya_es_dif…
_de_acatar_porque_el_pais_entero_esta_en_contra_holguin/fallo_de_la_haya_es_
dificil_ de_acatar_porque_el_pais_entero_esta_en_contra_holguin.asp
Annex 6
145
146
Annex 7
Presidency of the Republic of Colombia, Press Release,
“The Limits of Colombia with Nicaragua continue to be
those established in the Esguerra-Barcenas Treaty,
affirmed the President of Colombia”
2 May 2014
147
148
Annex 7
PRESIDENCY OF THE REPUBLIC
The limits of Colombia with Nicaragua continue to be those established in the
Esguerra-Barcenas treaty, affirmed the President of the Republic.
President Santos, in a declaration read in the “Casa de Nariño”, reminded that, in
conformity with the National Constitution, the Colombian limits can only be
modified or established by the means of a treaty ratified by the Government,
approved by Congress and then review by the Constitutional Court. “For that
reason, the judgment by the Court of The Hague can only be applied after a new
treaty”, he warned.
Bogota, 2 may (SIG). The President of the Republic, Juan Manuel Santos
Calderon, affirmed this Friday that the limits of Colombia with Nicaragua
continue to be those established in the Esguerra-Barcenas treaty, that is to say, the
limits previous to the judgment of the International Court of Justice of The Hague.
That is what the Chief of State signaled in a statement read in the “Casa Nariño”,
after the Constitutional Court welcomed this afternoon the thesis upheld by the
Government of Colombia since November 2012, when the judgment of the High
Tribunal based at The Hague in regards to the limits of Colombia in the
Caribbean, the San Andres Archipelago and Providencia came to be known.
“This afternoon the Constitutional Court has welcomed, after a rigorous and
serious study, the thesis that we have been upholding from the same day that the
judgment of The Hague was issued in November 2012 and that we ratified in
September of last year, when I personally filed a complaint against the Pact of
Bogota”, the Mandatary explained.
He added that in the demand it was upheld that, in accordance to the National
Constitution, the limits of Colombia can only be modified or established by the
means of a treaty ratified by the Government, approved by Congress and then
revised by the Constitutional Court.
Santos Calderon therefore manifested that “for that reason, the judgment of the
Court of The Hague can only be applied after a new treaty” and he specified that
that was the thesis that was welcomed by the Constitutional Court in a historic
judgment, which clearly applies what is ordered by the Constitution.
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“In consequence, for our country- as long as a new treaty is not signed- the limits
of Colombia with Nicaragua continue to be those established in the Esguerra-
Barcenas treaty. That is to say, the limits previous to the International Court of
Justice’s sentence”, he said.
Lastly he informed that the Government will wait to know the content of the
judgment to decide on the following steps.
The Esguerra-Barcenas Treaty was signed between Colombia and Nicaragua on
March 24, 1928.
Available at
http://wsp.presidencia.gov.co/Prensa/2014/Mayo/Paginas/20140502_04-Losl…-
Colombia-Nicaragua-continuan-siendo-establecidos-tratado-
Esguerra%E2%80%93Barcenas.aspx
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Annex 8
Colombian Law No. 10 on Maritime Spaces, 4 August
1978, Diario Oficial No. 34077
18 August 1978
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Page 1
National legislation - DOALOS/OLA - United Nations asdf
Act No. 10 of 4 August 1978 establishing rules concerning
the Territorial Sea, the Exclusive Economic Zone and the Continental Shelf
and regulating other matters
Article 1
The territorial sea of the Colombian nation, over which the latter exercises full sovereignty, shall extend
beyond its mainland and island territory and internal waters to a distance of 12 nautical miles or 22 kilometres, 224
metres.
National sovereignty shall also extend to the space over the territorial sea as well as to its bed and subsoil.
Article 2
Ships of all States shall enjoy the right of innocent passage through the territorial sea, in accordance with the
rules of international law.
Article 3
The outer limit of the territorial sea shall be constituted by a line every point of which is 12 nautical miles
from the nearest point of the baseline referred to in the next article.
Article 4
The normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast. In
localities where the coast is deeply indented or cut into, or if there is a fringe of islands along the coast in its
immediate vicinity, measurements shall be made from straight baselines joining appropriate points. Waters on the
landward side of the baselines shall be considered as internal waters.
Article 5
In the case of gulfs and bays whose natural entrance points are separated by no more than 24 miles, the
territorial sea shall be measured from a line of demarcation joining the natural entrance points. The waters enclosed
thereby shall be considered as internal waters.
If the mouth of the gulf or bay exceeds 24 miles in width, a straight baseline of that length may be drawn
within it in such a manner as to enclose the maximum area of water possible.
Article 6
In the case of rivers which flow directly into the sea, the baseline shall be a straight line across the mouth of
the river between points on the low-tide line of its banks.
Article 7
An exclusive economic zone shall be established adjacent to the territorial sea; the zone shall extend to an
outer limit of 200 nautical miles measured from the baselines from which the breadth of the territorial sea is
measured.
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Page 2
National legislation - DOALOS/OLA - United Nations asdf
Article 8
In the zone established by the preceding article, the Colombian nation shall exercise sovereign rights for the
purpose of exploring, exploiting, conserving and managing the living and non-living natural resources of the seabed,
the subsoil and the superjacent waters; it shall also have exclusive jurisdiction for scientific research and the
preservation of the marine environment.
Article 9
In pursuance of this Act, the Government shall identify the lines referred to in the preceding articles relating to
its continental territory, the archipelago of San Andrés y Providencia, and other island territories; the said lines shall
be published in the official maritime charts in accordance with the relevant international rules.
Article 10
National sovereignty shall extend to the continental shelf for the purposes of exploring and exploiting its
natural resources.
Article 11
The national Government shall be empowered for a period of 12 months from the promulgation of this Act to
adopt measures, to reorganize national administrative agencies and units or to establish such new agencies and units
as may be deemed necessary, in order to ensure the policing and defence of Colombian maritime areas and to make
appropriate use of the living and non-living natural resources of such areas with a view to meeting the needs of the
Colombian people and the country's economic development.
The national Government shall likewise be empowered to contract such loans and make such budgetary
appropriations and transfers as it deems appropriate.
Article 12
Provisions contrary to this Act are hereby superseded.
Article 13
This Act shall enter into force with its promulgation.
Enacted in Bogota, D.E., on 25 July 1978.
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Annex 9
Presidential Decree 1946 of 9 September 2013
Available at
http://wsp.presidencia.gov.co/Normativa/Decretos/2013/Documents/SEPTIEM…
E/09/DECRETO%201946%20DEL%2009%20DE%20SEPTIEMBRE%20DE%2
02013.pdf
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Decree Number 1946 DE 2013, which serves to regulate articles 1, 2, 3, 4, 5, 6 and 9 of Law 10 of 1978 and 2 and 3 of Law 47 of
1993 as regards territorial waters, the contiguous zone, some aspects of the continental seabed of the insular Colombian territories in
the Western Caribbean Sea and the integrity of the Archipelago Department of San Andrés, Providence and Santa Catalina…page 1
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Republic of Colombia
Office of the President
Decree Number 1946
Which serves to regulate articles 1, 2, 3, 4, 5, 6 and 9 of Law 10 of 1978 and 2 and 3 of
Law 47 of 1993 as regards territorial sea, the contiguous zone, some aspects of the
continental shelf of the insular Colombian territories in the Western Caribbean Sea and
the integrity of the San Andrés, Providence and
Santa Catalina Archipelago Department
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA
In exercise of her constitutional and legal powers, in particular those extended in Article
189, Roman numeral 11 of the Political Constitution and in the implementation of
stipulations of Law 10 of 1978 and Law 47 of 1993
CONSIDERING
That Article 101 of the Political Constitution states that “besides its continental territory,
the San Andrés, Providencia and Santa Catalina and Malpelo archipelago, as well as
their islands, islets, key and banks, are part of Colombia”,
That the same article establishes that “are also part of Colombia the subsoil, the territory
sea, the contiguous zone, the continental shelf, the exclusive economic zone, the airspace,
the part consisting of the geostationary orbit, the electromagnetic sphere and the space it
affects, in conformity with International Law and Colombian laws due to the absence of
international norms”,
That Article 309 of the Political Constitution converted into a Department the Authority
corresponding to the (…) San Andrés, Providencia and Santa Catalina Archipelago (…)”
and established that “the property and rights under any title which belonged to the
authorities and commissaries will continue to be the property of the respective
departments.”
That Article 310 of the Political Constitution establishes that “besides norms established
in the Constitution and laws regarding other departments, the San Andrés, Providencia
and Santa Catalina Archipelago Department shall be ruled by special norms on public
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Decree Number 1946 DE 2013, which serves to regulate articles 1, 2, 3, 4, 5, 6 and 9 of Law 10 of 1978 and 2 and 3 of Law 47 of
1993 as regards territorial waters, the contiguous zone, some aspects of the continental seabed of the insular Colombian territories in
the Western Caribbean Sea and the integrity of the Archipelago Department of San Andrés, Providence and Santa Catalina…page 2
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administration, immigration, fiscal matters, foreign commerce, exchange, finances and
economic development established by the legislature,
That Article 3 of Law 47 of 1993 establishes that the territory of the San Andrés,
Providencia and Santa Catalina Archipelago Department is conformed by the islands of
San Andrés, Providencia and Santa Catalina, by the Alburquerque, East South Southeast,
Roncador, Serrana, Quitasueño, Bajo Nuevo, Bancos de Serranilla and Alicia the other
islands, islets, keys, banks and reefs which conform the former Special Authority of San
Andrés and Providencia.
That Article 2 of Law 47 of 1993 recognizes the territorial, cultural, administrative,
economic and political unity of the Archipelago by establishing that “the San Andrés,
Providencia and Santa Catalina Archipelago Department is a territorial entity created by
the Constitution and the law and has the right to govern itself through its own
authorities; to exercise the pertinent competences, to integrate the national revenue
system; to administrate its resources and establish the taxes necessary for compliance
with its functions”.
That Article 9 of Law 10 of 1978 established that the government shall proceed to
establish for the San Andrés, Providencia and Santa Catalina Archipelago Department
and other insular territories the baselines from which shall be measured the diverse
maritime spaces over which the Colombian nation exercises sovereignty, sovereign rights
and jurisdiction in conformity with customary International Law, it orders that these be
incorporated into its official maritime cartography in conformity with international norms
on this subject matter;
That in carrying out that which is established in Article 101 of the Political Constitution
and Law 10 of 1978, and in the context of the Political Constitution, it is the
responsibility of the State to determine the extension of the territorial sea and the
contiguous zone generated by the islands that conform Western Caribbean insular
Colombian territories and the reach of the corresponding maritime jurisdiction in order to
facilitate their adequate administration, the orderly management of the waters and the
exercise of the country’s sovereignty or sovereign rights.
That according to international customary law and in carrying out that which is
established in Article 101 of the Political Constitution and Law 10 of 1978, the Republic
of Colombia has a right for the formations that comprise the San Andrés, Providencia and
Santa Catalina Archipelago to generate territorial sea and a contiguous zone without
prejudice to its rights over the exclusive economic zone and the continental shelf.
That in conformity with customary international law as regards the contiguous zone,
States may exercise sovereign rights and jurisdiction and control in the areas of security,
drug trafficking, environmental protection, fiscal and customs matters, immigration,
health and other matters.
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That the extension of the contiguous zone of insular territories conforming the Western
Caribbean has to be determined, specifically of those insular territories that conform the
San Andrés, Providencia and Santa Catalina Archipelago, so that the orderly management
of the Archipelago and its maritime spaces may be guaranteed thereby ensuring
protection of the environment and natural resources and maintenance of comprehensive
security and public order.
That the Colombian State is responsible for the preservation of the Archipelago’s
ecosystems which are fundamental to the ecological equilibrium of the area and in order
to preserves its inhabitants’ historic, traditional, ancestral, environmental and cultural
rights, and their right to survival.
IT IS DECREED
Article 1. WESTERN CARIBBEAN SEA INSULAR TERRITORIES OF
COLOMBIA
1. The Western Caribbean Sea insular territories of Colombia are comprised by the
San Andrés, Providencia and Santa Catalina Archipelago Department and the rest
of its islands, islets, keys and banks.
2. The San Andrés, Providencia and Santa Catalina Archipelago Department is
comprised by the following islands:
(a) San Andrés
(b) Providencia
(c) Santa Catalina
(d) The Alburquerque Keys
(e) The East Southeast Keys
(f) The Roncador Keys
(g) The Serrana Keys
(h) The Quitasueño Keys
(i) The Serranilla Keys
(j) The Bajo Nuevo Keys
(k) the remaining island, islets, keys, banks, low-tide elevations and reefs adjacent
to each of these islands and which conform the San Andrés, Providencia and
Santa Catalina Archipelago Department.
3. The Republic of Colombia exercises full sovereignty over its insular territories
and it also exercises jurisdiction and sovereign rights over the maritime spaces
these create under the norms of International Law, the Political Constitution, Law
10 of 1978 and this Decree.
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Decree Number 1946 DE 2013, which serves to regulate articles 1, 2, 3, 4, 5, 6 and 9 of Law 10 of 1978 and 2 and 3 of Law 47 of
1993 as regards territorial waters, the contiguous zone, some aspects of the continental seabed of the insular Colombian territories in
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Article 2. MARITIME SPACES CREATED BY THE WESTERN CARIBBEAN
SEA INSULAR TERRITORIES OF COLOMBIA
In conformity with Article 101 of the Political Constitution, customary international law,
and Laws 10 of 1978, and 47 of 1993, the territorial sea, the contiguous zone, the
continental shelf and the exclusive economic zone created by its Western Caribbean Sea
insular territories are a part of Colombia.
The continental shelf and the eastern exclusive economic zone generated by the Western
Caribbean Sea insular territories of Colombia that overlap with the continental shelf and
the exclusive economic zone generated towards the northwest along Colombia’s Atlantic
coast.
Article 3. DRAWING OF BASELINES IN THE WESTERN CARIBBEAN
SEA INSULAR TERRITORIES
1. In carrying out that which is established in Law 10 of 1978, the Government shall
determine the points and baselines from which the breadth of the territorial
waters, the contiguous zone and diverse maritime spaces created by the islands
comprising the Western Caribbean Sea insular territories of Colombia are
measured.
2. The drawing shall be carried out in conformity with the criteria recognized in
customary international law including those related to islands situated in atolls or
islands having fringing reefs in which the baseline for measuring the breadth of
the territorial sea is the seaward low water-line of the reef.
3. Straight baselines may be used in the event of situations foreseen in Article 4 of
Law 10 of 1978.
4. Waters situated between the baselines and insular territories are considered
internal waters.
Article 4. TERRITORIAL WATERS OF THE WESTERN CARIBBEAN
SEA INSULAR TERRITORIES
1. The territorial sea of the western Caribbean Sea insular territories of Colombia,
over which the Republic of Colombia exercises full sovereignty, extends from the
territory of each one of the islands mentioned in Article 1and their inner waters, to
the distance established in number 2 of the present Article.
2. The outer limit of the territorial sea shall be conformed by a line in which the
points that comprise such line are at a distance equal to 12 nautical miles
measured from the baselines.
3. National sovereignty is equally exercised in the airspace above the territorial sea,
as well as in the seabed and subsoil of this sea.
4. The ships of any State enjoy the right of innocent passage in the territorial sea, in
conformity with customary international law and other peaceful uses which
customary international law recognizes.
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1993 as regards territorial waters, the contiguous zone, some aspects of the continental seabed of the insular Colombian territories in
the Western Caribbean Sea and the integrity of the Archipelago Department of San Andrés, Providence and Santa Catalina…page 5
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The transit through its territorial waters of warships, submarines, nuclear powered
ships and any other naval transport carrying nuclear substances or other
substances harmful or potentially dangerous to the environment, is subject to prior
authorization by the competent authorities of the Republic of Colombia.
Note: For the effects of the present Decree and in conformity with that which was
established in Article 1 of Law 10 of 1978, it is understood that one nautical mile
is equivalent to 1.852 kilometers.
Article 5. CONTIGUOUS ZONE OF THE WESTERN CARIBBEAN SEA
INSULAR TERRITORIES
1. Without prejudice to that which is established in Number 2 of the present
Article, the contiguous zone of the Western Caribbean Sea insular
territories of Colombia extends to a distance of 24 nautical miles measured
from the baselines referred to in Article 3 of this Decree.
2. The contiguous zones adjacent to the territorial sea of the islands that
conform the Western Caribbean Sea insular territories of Colombia, except
those of the Serranilla and Bajo Nuevo islands, upon intersecting create a
continuous zone and uninterrupted zone of the whole of the San Andrés,
Providencia and Santa Catalina Archipelago Department over which the
competent national authorities shall exercise their powers which are
recognized by International Law and the Colombian laws mentioned in
Number 3 of the present article.
With the objective of ensuring the due administration and orderly management of the
whole San Andrés, Providencia and Santa Catalina Archipelago, its islands, keys and
other formations and their maritime areas and resources, as well as to avoid the existence
of irregular shapes or contours that make difficult their practical implementation, the
lines that indicate the outer limits of the contiguous zones shall be joined by geodesic
lines. Similarly, these shall be joined at the contiguous zone of Serranilla Island by
geodesic lines that shall follow the direction of parallel 14°59’08” N through to meridian
79°56’00” W, and from there to the north, thus conforming the Integral Contiguous Zone
of the San Andrés, Providencia and Santa Catalina Archipelago Department.
3. In consistency with what is established in the above provision, the Colombian
State shall exercise in the established Integral Contiguous Zone its sovereign authority
and the powers for the implementation and the necessary control regarding:
a) Prevention and control of violations of laws and by-laws regarding
integral security of the State, including piracy, drug trafficking, as well
as behaviours that endanger security at sea and national maritime
interests, customs, fiscal, immigration and health matters committed in
its insular territories or in their territorial sea. Similarly, violations of
laws and by-laws regarding environmental protection, cultural patrimony
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the Western Caribbean Sea and the integrity of the Archipelago Department of San Andrés, Providence and Santa Catalina…page 6
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and the exercise of historic rights to fishing held by the State of
Colombia, shall be prevented and controlled.
b) Punishment of violations of laws and by-laws regarding the matters
enumerated in a) above and that were committed in the insular territories
or their territorial sea.
Article 6. ELABORATION OF MAPS
The points and baselines referred to in Article 3 of this Decree, shall be published in the
official nautical cartography of the Republic of Colombia which is elaborated by the
General Maritime Directorate, which shall take place within the three (3) months
following issuance of the present Decree. That which is relevant to it shall be sent to the
Agustín Codazzi Geography Institute. Due publication shall be given to these
instruments.
The Integral Ccontiguous Zone established by virtue Article 3 of this Decree shall be
reflected in the official nautical cartography of the Republic of Colombia elaborated by
the General Maritime Directorate, which should take place within the two (2) months
following publication of the instruments referred to in Article 3 of the present Decree.
That which is relevant to it shall be sent to the Agustín Codazzi Geography Institute. Due
publication shall be given these instruments.
Once determined, the points and baselines, as well as the other spaces referred to in the
present Decree, they shall be established through a decree to be issued by the National
Government.
Article 7. THE RIGHTS OF THIRD STATES
Nothing established herein shall be understood to affect or limit the rights and
responsibilities derived from the “Treaty on Maritime Delimitation between the Republic
of Colombia and Jamaica” signed between these States on 12 November 1993, nor shall
the rights of other States be affected or limited.
Article 8. APPLICABILITY
The present Decree shall govern from the date of its issuance; it precludes all norms and
regulations which are contrary to its content.
TO BE PUBLISHED, COMMUNICATED AND COMPLIED
Bogotá, D.C. on
9 September 2013
[Date stamped]
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1993 as regards territorial waters, the contiguous zone, some aspects of the continental seabed of the insular Colombian territories in
the Western Caribbean Sea and the integrity of the Archipelago Department of San Andrés, Providence and Santa Catalina…page 7
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[“Signatures” on following page.]
/S/
FERNANDO CARRILLO FLOREZ
Minister of the Interior
/S/
MARIA ANGELA HOLGUIN CUELLAR
Minister for Foreign Relations
/S/
MAURICIO CÁRDENAS SANTAMARIA
Minister of Finance and Public Credit
/S/
JUAN CARLOS PINZÓN BUENO
Minister for National Defense
/S/
ALEJANDRO GAVIRIA URIBE
Health and Social Protection Minister
/S/
JUAN GABRIEL URIBE VEGALARA
Minister for the Environment and
Sustainable Development
[All pages are marked “C” for copy on their lower right corner.]
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164
Annex 10
Map presented by President Juan Manuel Santos
09 September 2013
Available at
http://www.cancilleria.gov.co/newsroom/video/alocucion-del-presidente-j…-
santos-sobre-la-estrategia-integral-colombia
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Annex 11
Governorship, Department of the San Andrés,
Providencia and Santa Catalina, Resolution No. 005081
22 October 2013
169
170
GOVERNORSHIP
DEPARTMENT ARCHIPELAGO
San Andrés, Providencia y Santa Catalina
Seaflower Biosphere Reserve
NIT: 892400038-2
RESOLUTION Nº – 005081 –
(OCTOBER 22, 2013)
“By which resolves a background request”
The undersigned Governess of the Department Archipelago San Andrés, Providencia y Santa Catalina, in her
character a President of the Departmental Board of Fisheries and Agriculture, in exercise of the statutory powers
bestowed upon her through the 1993 Act 47, Act 20014 and Agreement Nº 002 dated January 24, 2007, and
WHEREAS
By Resolution Nº 0066, dated January 29, 1991, INPA [Spanish acronym for National Institute of Fisheries and
Agriculture] awarded a five year Permit for Industrial Commercial Fishing to Mr. ARMANDO BASMAGUI
PEREZ, identified with Citizen Identification Card Nº 15.242.050, issued in San Andrés Island, in his character
as owner of the business establishment denominated PESQUERA KING CRAB, registered with Nit:
0900273768-3, permit extended by Resolution Nº 004771, dated September 14, 2012 under the same terms and
conditions.
That Article One to Resolution Nº 004771, dated September 14, 2012, AUTHORIZES the change of name of the
bearer of the Integrated Permit for Industrial Commercial Fishing, ARMANDO BASMAGUI PEREZ, identified
with Citizen Identification Card Nº 15.242.050, issued in San Andrés Island, who changed it from a natural
person to a legal entity to COMERCIALIZADORA KING CRAB S.A., legally represented by Mr.
ARMANDO BASMAGUI PEREZ, incorporated in the San Andrés Chamber of Commerce with NIT
09002733768-3 and under Registration Nº 00030488.
That, as shown in this file, the fishing fleet of the licensee is integrated by eleven (11) vessels:
Name Flagship Type of Fishing
Lady Emme Nicaragua Lobster and Whitefish
Maria del Carmen I Colombian Lobster and Whitefish
Navegante del mar Honduran Lobster and Whitefish
My Joy Honduran Lobster and Whitefish
Lucky Norman Honduran Lobster and Whitefish
Doble t Honduran Lobster and Whitefish
Carnival X Honduran Lobster and Whitefish
Miss Astria Honduran Lobster and Whitefish
Capt Norma Honduran Whitefish
Retriever U.S.A. Whitefish
Tommy Jay Honduran Whitefish
That, through order dated October 04, 2013, received in the Ministry of Agriculture and Fisheries, the Licensee
requested to link the Honduran Flagship Motorboat CAPTAIN KD, to his fishing fleet, for which he attached the
following documents:
 Plan of Activities elaborated by a duly accredited Marine Biologist
 Certificate of Incorporation and Legal Representation issued by the Chamber of Commerce
 Affiliate Fisheries Agreement
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Continuation Resolution Nº - 005081 – of October 22, 2013
Page 2 of 6
That, within the Plan of Activities of the Licensee, ARMANDO BASMAGUI PEREZ, submitted a request to
JUNDEPESCA for disaffiliation from his fishing fleet of the Honduran Flagship Motorboat CARNIVAL X.
That, by virtue of the above-stated, this office proceeds to make a technical and legal assessment of the request
implored by the Licensee:
TECHNICAL ASSESSMENT
To that effect, the request was remitted to the Fisheries Engineer of the Ministry of Agriculture and
Fisheries to rule on the technical feasibility of the request, decision made through Technical Report Nº
014, dated October 08, 2013 and emerges from, among others, the following paragraphs:
"(.....)
The documentation approved by the Applicant was reviewed, which corresponds to the (Plan of Activities,
Certificate of Incorporation and Legal Representation issued by the Chamber of Commerce, Affiliate Fisheries
Agreement, Certificate of Registration of the vessel and a photocopy of the Professional Card of the Biologist).
3. TERM OF THE PERMIT:
Taking into account Act 47 of 1993 and Act 915 of 2004, the Departmental Board of Fisheries and Agriculture,
“JUNDEPESCA”, awarded Mr. ARMANDO BASMAGUI, Legal Representative of the Commercial
Establishment denominated COMERCIALIZADORA KING CRAB, a five-year term Integrated Permit for
Industrial Commercial Fishing, and through Resolution Nº 004771, dated September 14, 2012, he was awarded an
additional five year extension, keeping in mind that:
 By Resolution Nº 00001076, dated December 26, 2012, issued by the National Authority of Agriculture
and Fisheries – AUNAP (for its Spanish acronym), he was awarded with a scale fishing quota of 136 tons
and 21.5 tons of lobster.
 The Ministry of Agriculture and Fisheries of the Department reserves the right to embark an observer for
purposes of gathering biological fisheries data.
4. TYPE OF FISHING:
The motorboat CAPTAIN K.D, will be devoted to the extraction of specific crustacean species of spiny
lobsters(Panulirus argus), as main fishing and, as secondary fishing, the extraction of both pelagic fish
(surface and mid-water) and demersal, which are of commercial importance in the region, among which the
following may be mentioned: horse mackerels (Carangidae), Triggerfish (Balistidae), Dorado
(Coryphaenidae), Grunts and Margarita (Haemulidae), Snappers (Lutjanidae), Sierras and Tunas
(Scombridae), Barracudas (Sphyraenidae), sea basses and groupers (Serranidae).
4.1 Fishing Fleet:
The characteristics of the motorboat CARNIVAL X in relation to the affiliated motorboat CAPTAIN K.D., are
the following (refer to Table 1).
Table 1
Characteristics
Registration
CARNIVAL X
RHU-25117
CAPTAIN K.D
U-1828229
Length (m) 75 P 29.50
Beam (width) (m) 22 P 7.40
Materials of the Hull Fiberglass Marine Steel
Gross Tonnage (ton) 127.00 178.81
Net Tonnage (ton) 85.00 53.64
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Power of the Engine (HP) 365 425
 In this regard, it should be noted that the characteristics of the vessel CAPTAIN K.D., technically
correspond to a speedboat with high navigation autonomy and a storage capacity for minor fishing
products lower than the M/N CARNIVAL X. Refer to Table 1, Net Tonnage; therefore, it must be kept in
mind that the fleet of the licensee does not increase the stress (vessel number).
4.2. Fishing Gear:
The gears to be used are those implemented in industrial fishing zones, stipulated for extraction activities of the
following fisheries resources:
 For Crustaceans, 2500 wooden lobster creels used with the following characteristics: the design used is
formed by a rigid structure, the four faces or lids are lined with wood shaped boards, 2 inches wide and 70
centimeters long. There is a space of at least 1 ½”, 2” or 2 ¼” inches between each board, in order to use
the creel, it must have at least one escape grid, on the opposite side of the headland that lifts the creel,
with an escape opening of 2 1/8 inches (5.4 cm) between the bottom and the first board immediately
above the floor in order to guarantee an outlet for young lobsters from the creel. It is technically feasible,
as long as they comply with the building standards for creels.
 The gear to use for the bycatch will only be nylon or 330 to 400 pound resistant cable with different
caliber hooks, depending on the target species.
5. FISHING ZONE:
All banks (Roncador, Serrana y Quitasuerio, Serranilla) and Shallows (Alicia and Nuevo), and the area known as
La Esquina or Luna Verde, which encompasses our insular territory and fishing zones; nonetheless, protected
areas and fisheries regulations of the department and fisheries legislation must be respected.
5.1 Port of Debarkation:
100% of the capture will be debarked in San Andres Island.
6. TECHNICAL CONCEPT AND RECOMMENDATIONS:
Pursuant to the above, it is deemed technically feasible to authorize the affiliation of motorboat CAPTAIN K.D to
replace the motorboat CARNIVAL X, making the following observations:
 Perform the ocular technical visit to the motorboat CAPTAIN KD once it arrives at San Andres Port as this
document should be part of this request.
 Mr. ARMANDO BASMAGI PEREZ must fulfill all requirements set forth by the Ministry and by the
Departmental Board of Fisheries, such as delivery of the annual and quarterly reports of the total fish product
extracted or imported and report in a timely manner, the arrival of motorboats affiliated to its permit. Arrival
information must be given verbally and in writing to the Ministry of Agriculture and Fisheries of the
Department, it embarks crewmembers from the island where they wish to work, and comply with the
documentation demanded by DIMAR.
 The Motorboat CAPTAIN KD must abide by the zoning of the Protected Marine Area System (Seaflower),
set forth by CORALINA and does not operate in areas exclusively established for artisanal fisheries by the
2008 Agreement No. 004 of JUNDEPESCA, and other fisheries regulations.
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 The Motorboat CAPTAIN KD must abstain from fishing products that are not authorized in the fishing
license and must abide by ICA Resolution Nº 003333, dated September 24, 2008, which forbids fisheries
targeting sharks in the marine areas of the archipelago.
 The lobster traps comply with the characteristics of at least one escape grid, on the opposite side of the
headland that lifts the creel, with an escape opening of 2 1/8 inches (5.4 cm) between the bottom and the first
board immediately above the floor in order to guarantee an outlet for young lobsters from the creel. It is
technically feasible, as long as they comply with the building standards for creels.
LEGAL ASSESSMENT:
Once the documentation remitted by the Licensee was reviewed in light of the provisions set forth in the
transcribed regulation, the Licensee obviously had the respective request through which he requests the affiliation
of the motorboat CAPTAIN KD to his fishing fleet, photocopy of the vessel’s registration describing its main
characteristics; likewise, the documentation included the affiliate fisheries agreement for the referred motorboat.
In reference to payment of fees and charges, according to the information contained in the file of concern, it was
verified that the Licensee is in good standing in this regard and is up to date with the submittal of the annual
production reports and other requirements of law.
That the 2004 Act 915, in its Article 28, consecrates that the Departmental Board of Fisheries and Agriculture will
comply with the functions set forth in Article 34 to Act 47 of 1993.
That in order to expedite and process applications for extensions in a timely and efficient manner, modification of
trade permits for fisheries products, for industrial commercial fishing and integrated related to the fishing fleet,
the Departmental Board of Fisheries and Agriculture, through Agreement 002, dated January 24, 2007, delegated
Numeral 3 of Article One of the cited Agreement on the President of JUNDEPESCA, “the right to modify the
industrial commercial fishing permits, and Integrated industrial commercial fishing related to changes of the
fishing fleet, (affiliation, disaffiliation and replacements, change of name, change of flag and similar)”.
The above developed, the Departmental Board of Fisheries and Agriculture of the Department Archipelago,
RESOLVES
ARTICLE ONE: AUTHORIZE THE DISAFFILIATION of the motorboat CARNIVAL X, a Honduran
Flagship of the fishing fleet of the bearer of the Integrated Commercial Industrial Fishing Permit, Mr.
ARMANDO BASMAGUI PEREZ, in consideration of the above-stated, which motivates this administrative act.
ARTICLE TWO: AUTHORIZE THE AFFILIATION of the motorboat CAPTAIN KD, a Honduran Flagship of
the fishing fleet of the bearer of the Integrated Commercial Industrial Fishing Permit, Mr. ARMANDO
BASMAGUI PEREZ, in consideration of the above-stated, which motivates this administrative act.
PARAGRAPH: The characteristics of the motorboat CAPTAIN KD, of which the affiliation is authorized through
this Administrative Act, are:
Characteristics
Registration
CAPITAN KD
U-1828229
Length (m) 29.50
Beam (width) (m) 7.40
Materials of the Hull Naval Steel
Gross Tonnage (ton) 178.81
Net Tonnage (ton) 53.64
Power of the Engine (HP) 425
ARTICLE THREE: Type of Fisheries, Area of Operations, and Port of Disembarkation: The
type of fishery authorized for performance by the affiliated motorboat is spiny lobster catch and
whitefish; its area of operation will be the Department Archipelago of San Andres, Providencia and
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Santa Catalina (Roncador, Serrana y Quitasuerio, Serranilla Keys) and Shallows (Alicia and Nuevo), and their
port of disembarkation will be the Island of San Andres.
PARAGRAPH: The fishing fleet of the permit must abide by the zoning of protected marine areas and the
fisheries regulations of the fishing regulations of the Department Archipelago.
ARTICLE FOUR: Fishing Gear and Methods: Pursuant to the Plan of Activities, the fishing gear authorized
for use by the motorboat CAPTAIN KD, are the following: wooden creels with the characteristics stated in the
note for lobster catch and the accompanying fishing gear will only be nylon or cable with a resistance of 300 to
400 pounds with different caliber hooks, depending on the species for capture.
ARTICLE FIVE: Fishing Fleet: Resulting from the disaffiliation of the motorboat CARNIVAL X and the
affiliation of the motorboat CAPTAIN KD, the Licensee’s fishing fleet will be integrated by the following
vessels:
Name: Flagship: Type of Fisheries
Lady Emme Nicaragua Lobster and Whitefish
Maria del Carmen I Colombian Lobster and Whitefish
Navegante del mar Honduran Lobster and Whitefish
My Joy Honduran Lobster and Whitefish
Lucky Norman Honduran Lobster and Whitefish
Doble t Honduran Lobster and Whitefish
Captain KD Honduran Lobster and Whitefish
Miss Astria Honduran Lobster and Whitefish
Capt Norma Honduran Whitefish
Retriever U.S.A. Whitefish
Tommy Jay Honduran Whitefish
ARTICLE SIX: The Licensee is hereby warned that when the motorboat belonging to his fishing fleet performs
its work according to the fisheries authorized in the area of the Department Archipelago of San Andres,
Providencia and Santa Catalina, it is compelled to first enter into the Port of San Andres Island for its respective
inspection by the competent authorities, lest it incurs into the administrative sanctions that may apply.
ARTICLE SEVEN: In compliance with the provisions set forth the 1993 Act 47, Article 39, the bearer of the
permit must disembark at least 10% of the fishing resources in the territory of the Department Archipelago for
internal consumption or trade, for purposes of compliance with the precepts set forth in Article 12 of the 1991
Decree 2256, as well as with the other provisions it sets forth.
ARTICLE EIGHT: The Licensee is hereby warned that in order to perform the authorized activity, he must
especially comply with the precepts set forth in Article 12 of the 1991 Decree 2762, as well as with the other
provisions it sets forth.
ARTICLE NINE: As to the rest, abide by the provisions set forth in the Resolution to extend his permit.
ARTICLE TEN: Serve notice personally to the interested party or his duly authorized agent on the content of
this administrative act, diligence delivered with a full copy. Likewise, note that against this decision, the remedy
of reposition before JUNDEPESCA is authorized, if need be, within five (5) days following the date of personal
notification or detachment of the edict, as the case may be.
ARTICLE ELEVEN: This Resolution enters into effect as of the date of its execution.
SERVE NOTICE AND EXECUTE
Given in San Andres, on OCTOBER 22, 2013
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Illegible Signature Illegible Signature
AURY GUERRERO BOWIE MARCELA SJOGREEN VELASCO
President of JUNDEPESCA Secretary of Agriculture and Fisheries
Project/File: Katia Bent Escalona (initialed)
Reviewed: Juonmaima Romero
Reviewed: Legal Advice Office
DUE DILIGENCE FOR SERVING NOTICE
In San Andres Island, at __________ (__) days of the month of _______________, of the year 2013, personal
notice was served to Mr(s). _________________________________________________________________
Citizen Nº _________________, issued on _______________ of the content of the Resolution Nº __________,
dated ___________________ ( ____), on the month of ____________, of the year 2013.
______________________ ______________________
The Notified The Notifier
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Annex 12
Comptroller General’s Office of the Department
Archipelago of San Andrés, Providencia and Santa
Catalina, Report on the Status of the Natural Resources
and the Environment 2013
177
178
Report on the Status of the Natural Resources and the Environment 2013
Comptroller General’s Office of the Department Archipelago of San Andrés, Providencia and Santa Catalina
“With transparency to the forefront of a participatory fiscal control”
1
Report on the Status of the Natural Resources and the Environment 2013
REPORT ON THE STATUS OF THE
NATURAL RESOURCES AND THE ENVIRONMENT
2013
1
Comptroller General’s Office of the Department Archipelago of San Andrés, Providencia and Santa Catalina
“With transparency to the forefront of a participatory fiscal control”
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Report on the Status of the Natural Resources and the Environment 2013
Comptroller General’s Office of the Department Archipelago of San Andrés, Providencia and Santa Catalina
“With transparency to the forefront of a participatory fiscal control”
2
COMPTROLLER GENERAL’S OFFICE OF THE DEPARTMENT
ARCHIPELAGO OF SAN ANDRÉS, PROVIDENCIA AND SANTA CATALINA
REPORT ON THE STATUS OF THE NATURAL RESOURCES AND THE
ENVIRONMENT 2013
JUSTINIANO BROWN BRYAN
Comptroller General of the Department
San Andrés Island
November 2013
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CONTENT
Page
PRESENTATION 8
INTRODUCTION 9
1. OBJECTIVES 11
2. SCOPE 11
3. DEPARTMENT ARCHIPELAGO OF SAN ANDRÉS,
PROVIDENCIA AND SANTA CATALINA 12
4. GOVERNORATE DEPARTMENT OF SAN ANDRÉS,
PROVIDENCIA AND SANTA CATALINA 19
4.1 ENVIRONMENTAL INVESTMENT 19
4.2 INVESTMENT IN MATERIAL WORKS HABITAT IMPROVEMENT 23
4.3 COASTAL EROSION 24
4.4 DEPARTMENTAL WATER PLAN – (PDA for its Spanish acronym) 24
4.5 AGRICULTURE AND FISHERIES 26
4.6 COMPREHENSIVE MANAGEMENT PLAN OF SOLID WASTE 48
4.7 VISUAL AND ENVIRONMENTAL CONTAMINATION CAUSED BY
DETERIORATED AND ABANDONED VESSELS IN THE CENTRAL BAY 73
4.8 ACCESS ROAD TO THE INDUSTRIAL ZONE 81
5. MUNICIPALITY OF PROVIDENCIA AND SANTA CATALINA 82
5.1 ENVIRONMENTAL INVESTMENT 83
6. GENERAL CONCLUSIONS AND OBSERVATIONS 85
.
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“With transparency to the forefront of a participatory fiscal control”
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3. DEPARTMENT ARCHIPELAGO OF SAN ANDRÉS, PROVIDENCIA AND SANTA
CATALINA
The Archipelago of San Andrés, Providencia and Santa Catalina is a Department of
Colombia, located to the west of the Caribbean Sea, at 775 kilometers (480 nautical
miles) to the northeast of the country’s Atlantic Coast and at 220 km (140 nautical miles)
from the eastern coasts of Nicaragua. The departmental capital city is San Andrés, which
enjoys the connotation of being a department and municipality, and the Municipality of
Providencia and Santa Catalina.
The Department is made up of islands, cays and islets on the volcanic shelf of the West
Indies Sea, and San Andrés is the largest island of the country.
According to the sensus of the 2005 National Bureau of Statistics of Colombia, for the
2013 term, the Department has a projected population of 75,167 inhabitants, being the
most densely populated of Colombia, given that the total sum of its mainland is only 44
km2, which represents a density of 1.708.34 persons per square kilometers; this makes
the islands be one of those with the highest concentration of people on the entire planet
and puts them in an awkward position as to resource.
The extxension of its mainland adds up to 44 km2 (without counting the numerous cays
and islets), being the smallest Department of Colombia in terms of land surface, but the
one with the highest population density of the country, with 1.1.708.34 hab./km2.
The three main islands (San Andrés, Providencia and Santa Catalina) presented reliefs
and constitution of different rocks: the first is the result of recent calcareous sediments,
while the other two come from an extinct andesitic volcano during the period of the Middle
and Upper Miocene.
The relief of San Andrés is formed by a longitudinal ridge from north to south with coconut
forests whose maximum elevation is 85 m. Providencia is highlighted by hills with
elevations up to 350 m above sea level. Santa Catalina, separated from the former by a
channel 150 m wide, its terrain is relatively broken, and its highest point is 133 meters
above sea level.
The keys are small outcrops of coral reefs, consisting mainly of calcareous sands,
sometimes with coconut vegetation and tall grasses.
For the year 2005, DANE registered a population of 70.554 inhabitants on the entire
territory of the Archipelago, with predominace of the Antillian African American group,
which constitutes 56.98%, having unique cultural traits and their own language. This
group is known as the Raizal populations. 42.91% of the population is mestizo and white,
0.1% is American Indian or Indigenous, and 0.15% is Gipsy, these latter human groups
arrived at the Archipelago, especially as of the second half of the XX Century, particularly
from continental Colombia.
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“With transparency to the forefront of a participatory fiscal control”
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[..]
XX Century
In September 1900, the President of France, Emile Loubet, issued a boundary ruling
between Colombia and Costa Rica wherein all of the islands of the Archipelago were
acknowledged as Colombian. Two years later, two commissioners sent by President
Roosevelt of the United States arrived in San Andres with the purpose of convincing the
islanders to endorse the separation from Panama, but their proposals were rejected by
the islanders. After these events and after a strong campaign headed by Francis Newball
from the journal “The Searchlight” (El Faro), Act 52 was approved on October 26, 1912,
which created the Intendency of San Andres and Providencia, separate from the
Department of Bolivar, of which it was part.
The Governments of Colombia and Nicaragua signed the Barcenas-Esguerra Treaty on
March 24, 1928, in which the South American country acknowledged the sovereignty of
Nicaragua over the Mosquitos Coast and the Central American country acknowledged the
sovereignty of Colombia over the Archipelago of San Andres, Providencia and Santa
Catalina. The protocol that confirmed the 1928 Treaty was signed on May 5, 1930.
In 1953, the Government of General Gustavo Rojas Pinilla declared San Andres a free
port, which transformed the island into a commercial and tourism center. This motivated
the arrival of numerous people from the Colombian continent. In 1972, the United States
relinquished its claims over the Roncador, Serrana and Quitasueños Cays and Colombia
exercised sovereignty over these, as part of the Archipelago. In that same year,
Nicaragua issued its first protest due to the disadvantageous interpretation that Colombia
gave to the Barcenas-Esguerra Treaty to the aforementioned country; in 1980, then
president of that country Daniel Ortega, denounced the treaty and announced that it
would submit the case before the International Court of Justice in The Hague, to prove
that the Archipelago corresponded to the sovereignty of his country, argueing that the real
negotiation of such treaty had taken place between the United States and Colombia,
forcing Nicaragua to a certain extent, to execute said treaty due to the military occupation
by the United States over the Central American country at that time. In view of this,
Colombia ratified the validity of the treaties.
XXI CENTURY
With the 1991 Constitution of Colombia, the early municipalities and commissaries were
declared as Departments, thus creating the Department Archipelago of San Andrés,
Providencia and Santa Catalina. Ten years later, UNESCO declared the Archipelago of
San Andrés, Providencia and Santa Catalina as the “Sea Flower” Biosphere Reserve.
That same year (2001), on December 6th, Nicaragua reaffirmed its position over the
“nullity” of the treaty executed in 1928 and introduced an action before the International
Court of Justice of The Hague, reclaiming the territories to the east of Meridian 82,
including the San Andres Archipelago. In the year 2003, Colombia submitted before the
court, “preliminary objections”, rejecting the Nicaraguan arguments.
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“With transparency to the forefront of a participatory fiscal control”
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On December 13, 2007, the International Court of Justice issued a ruling over Colombia`s
preliminary objections. By such resolution, the Court established that the 1928 Treaty and
the 1930 Protocol were valid and therefore, the sovereignty of Colombia over the Islands
of San Andrés, Providencia and Santa Catalina were unquestionable, because the
situation had been resolved. Nonetheless, the Court established that in exchange, the
matter relating to Roncador, Serrana and Quitasueños Cays remained open, which were
not included in the 1928 Treaty, as these were in dispute between Colombia and the
United States, and likewise, also left open the matter over the delimitation of marine and
submarine areas between the two countries.
On November 19, 2012, the International Court of Justice issued a ruling over the action
introduced by Nicaragua against Colombia, arguing that the entire archipelago belongs to
this last country, in this manner, reaffirming the sovereignty of Colombia over the Islands
of San Andrés, Providencia and Santa Catalina together with the Cays of Alburquerque,
Roncador, Serrana, Bajo Nuevo, Quitasueño and Serranilla; nonetheless, with this ruling,
Colombia lost nearly 43% of its maritime territory in the Caribbean Sea.
Against such situation, on November 27, 2012, Colombia denounced before the OAS the
Bogota Pact, Instrument by which Colombia recognized the binding jurisdiction of the
International Court of Justice. After the withdrawal from the Bogota Pact, the President of
Colombia, Juan Manuel Santos stated, “that the limits should not remain in the hands of a
court”, also saying that “such principle is shared by other countries that have taken the
same position that Colombia takes today”.
The Ruling by the International Court of Justice, released in 2012, revived the desire for
autonomy among some islanders of the Raizal People, even with the objective of
converting that territory into a type of free state associated to Colombia; something similar
to what takes place between the United States and Puerto Rico, or as Andorra in relation
to Spain and France. However, some sectors of the population do not agree with this
initiative and have rejected it. The Government of Colombia did not accept the ruling by
The Hague, nor acknowledges it.
RULING BY THE INTERNATINAL COURT OF JUSTICE
The Declaration by the International Court of Justice over the maritime limits between
Colombia and Nicaragua has ostensibly reduced the marine territory of the archipelago
and the country.
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Comptroller General’s Office of the Department Archipelago of San Andrés, Providencia and Santa Catalina
“With transparency to the forefront of a participatory fiscal control”
7
New Marine Boundaries
CONCLUSIONS: The fact is that regardless of whether or not the ruling of the
International Court of Justice at The Hague is accepted, the lifestyle of the islanders has
been traumatized, concerned over the conflicts arising from it, depleting fisheries activities
in the archipelago, both industrial and artisan.
The great majority of the industrial companies have left the islands, artisan fishermen are
afraid to go out and perform their work, when expressing that they were harangued by the
Nicaraguan authorities before the ruling and now that it has granted rights, they will have
to wait.
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Report on the Status of the Natural Resources and the Environment 2013
Comptroller General’s Office of the Department Archipelago of San Andrés, Providencia and Santa Catalina
“With transparency to the forefront of a participatory fiscal control”
8
This has reduced the offer of fisheries products and therefore, price increases owing to the
demand that remains as for lack of self-sustainability of food in the islands and the growing
population, the floating population from the growth of the tourism industry.
[..]
Fishing Activities before the Ruling by The Hague and its Possible Impacts
According to the records of the Ministry of Agriculture and Fisheries prior to the ruling,
there are approximately 1,394 artisinal fishermen in the Archipelago of San Andrés,
Providencia and Santa Catalina, of which 1,030 are from the Island of San Andrés and 364
are from Providencia and Santa Catalina.
There are 330 registered vessels that operate in the Archipelago, of which 191 operate in
San Andres Island and 139 operate in Providencia and Santa Catalina Islands.
Table 1 reflects a listing of industrial fishing companies that operate in the Archipelago,
wherein according to the type of permit, 3 involve integrated fishing permits, 1 permit for
processing fisheries products, and 13 involve industrial commercial fishing.
Table 1 – Industrial Fishing Companies
Commercial Establishment Type of Permit Products
C.I. ANTILLANA Integrated for Industrial Commercial
Fishing
Fish, Conch and
KING CRAB Integrated for Industrial Commercial Lobster
Fishing
Fish, Conch and
ATLANTIC GULF Industrial Commercial Fishing LLoobbsstteerr and Fish
CENTROPEZ Industrial Commercial Fishing Fish, Conch and
CABEZAS Y REGOS Industrial Commercial Fishing LWohbistetefirs h
PESQUERA LOS ANGELES Industrial Commercial Fishing Lobster and Fish
PESQUERA PESCAMOS Industrial Commercial Fishing Lobster and Fish
UNIPESCA E.U. Industrial Commercial Fishing Fish, Conch and
PESQUERA RED LOBSTER Industrial Commercial Fishing LLoobbsstteerr and Fish
PESQUERA ARIANA Industrial Commercial Fishing Whitefish
PESQUERA SAN ANDRES Industrial Commercial Fishing Lobster and Fish
PESQUERA SERRANILLA Industrial Commercial Fishing Whitefish
PESQUERA SHARON Industrial Commercial Fishing Lobster and Fish
CORAL LOBSTER C.I.A. Integrated for Industrial Commercial
Fishing
Fish, Conch and
JUAN CARLOS MARIN Lobster
GUZMAN
Industrial Commercial Fishing Whitefish
PESQUERA DISSCARIBEAN Permit for Processing Fisheries Products Fish and Lobster
SEALAND - GROUP Industrial Commercial Fishing Whitefish
Source: Database of the Ministry of Agriculture and Fisheries
MAIN SPECIES CAUGHT THROUGH TRADITIONAL AND INDUSTRIAL FISHING
Traditional Fishing:
The fishermen from the Archipelago engage in demersal species or groundfish such
as Grunts and Margarita (Haemulidae), Snapper (Lutjanidae), Groupers and Basses
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Comptroller General’s Office of the Department Archipelago of San Andrés, Providencia and Santa Catalina
“With transparency to the forefront of a participatory fiscal control”
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(Serranidae), Pelagic Mackarels (Carangidae), Dorado or Dolphinefish
(Coryphaenidae), Sierras and Tunas (Scombridae), Barracudas (Sphyraenidae),
Triggerfish (Balistidae), etc., also crustaceous such as the Spiny Lobster (Panulirus
argus) and Molluscs such as the Queen Conch (Strombus gigas)
Industrial Fishing:
Industrial fishing mostly engages in catching Spiny Lobsters (Panulirus Argus); after the
main activity, they capture dermesal species such as Grunts and Margarita (Haemulidae),
Snappers (Lutjanidae), Groupers and Basses (Serranidae), and Pelagic such as
Dolphinfish (Coryphaenidae), and Sierras (Scombridae).
Traditional Fishing Location
San Andres Island artisanal fishermen distribute themselves throughout the entire shelf,
using points of reference for fishing grounds such as: Outside Bank (Northern San Andres
Island), Under the Lee (Western side of San Andres Island), Southend Bank (Southern San
Andres Island), Albuquerque Cays (50 km to the SSW of San Andres Island), and Meridian
82 on the boundary with Nicaragua.
In Providencia and Santa Catalina, fishing takes place in the interior and the exterior of the
barrier reef, close to the reef terrace, respecting the park area and the protected marine
area. According to Arango and Marquez (1995), the specific work areas are El Faro, Taylor
Reef, Morning Star, Northest Bank, South Banks, and North Banks.
Industrial Fishing Location
In all of the Banks of the northern area such as Roncador, Serrana and Quitasueño, in the
common regime áreas with Honduras and Jamaica, such as Serranilla, Bajos Alicia and
Nuevo, and in Luna Verde or La Esquina.
Whitefishing
Throughout the entire marine extensión that encompassed the Archipelago and
specifically, the areas mentioned for traditional fishing.
Fish and Lobster Production
The following tables show the capture of spiny lobster and fish carried out by both
industrial and artisanal fisheries.
San Andres Artisanal Fishing (2004-2012)
Years
Product (Kg)
Lobster / Fish General Total
2004 0,0 99121,4 99121,4
2005 873,2 98498,0 100597,7
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“With transparency to the forefront of a participatory fiscal control”
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2006 136,2 101431,0 103931,4
2007 302,4 225000,8 226718,6
2008 285,4 131214,0 134592,5
2009 1128,6 255190,7 257925,9
2010 47,6 167816,0 168812,6
2011 0,0 92913,2 92917,0
2012 0,0 35522,8 35522,8
General Total 2773,2 1206707,9 1220139,8
Industrial Fisheries (2000 – 2012)
Year
Lobster (Tail)
Product (Kg) Fish
2000 153974,6 6612,5
2001 167237,3 99870,0
2002 206656,0 113120,1
2003 139248,1 110283,3
2004 171413,1 104514,5
2005 161820,6 111930,7
2006 155791,2 72432,8
2007 156962,6 63137,5
2008 83200,9 31495,1
2009 81394,7 21096,8
2010 101999,1 29821,5
2011 115969,3 37864,4
2012 121974,5 45007,2
General Total 1827468,0 847186,4
Destination of the Island’s Fisheries Products
100% of the produce captured by the Island’s artisanal fisheries trades in the Department
of San Andres, Providencia and Santa Catalina (see Table: San Andrés Artisan Fisheries
2004 - 2012). Species are the same as artisanal fisheries.
The main fisheries produce traded in the national market are spiny lobster (Panulirus
Argus), fish (snapper, groupers and basses, golden sierras, among others) and
Queen Conch (clean muscle and byproducts such as shells, pearls and operculum).
The following table shows the ratio of the percentage of each product according to
shipping destination nationwide.
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Destination/Product Fish Seafood Lobster Tail Queen Conch Queen Conch Byproducts
BOGOTA 21,3 0,0 46,2 99,1 77,8
CALI 0,2 0,0 6,5 0,8 0,0
CARTAGENA 69,5 100,0 46,7 0,1 22,2
ITAGUI 0,9 0,0 0,0 0,0 0,0
MEDELLÍN 8,1 0,0 0,6 0,0 0,0
Annually, the Archipelago had high income from Whitefish (approximately 2 billion Pesos),
Queen Conch (approximately 9 million Pesos), and Lobster (12 billion Pesos).
This is an approximation of the losses in fisheries in view of the loss of the maritime
shelf due to the Ruling by the International Court of Justice.
After the November 19 ruling, the country is losing approximately 40% of its continental
shelf; this would represent the loss of access routes, fishing areas and communication with
other countries in the Caribbean. Following is a detailed description of each impact on
fisheries:
 Fishing Areas: Several fishing pots will be lost, especially those nearby to the
Quitasueños and Serrana Cays, which would be out of the 12 miles corresponding to
Colombia. In addition, this also includes the area denominated “Luna Verde or La
Esquina”, which is richer in lobster catch (90% of the production), and scale fish, areas
exploited in greater proportion by industrial fisheries of the Archipelago.
 Fishery Products and their Commercialization: Fishery products (lobsters, seashells
and fish) exploited and traded in the Archipelago from the above-mentioned fishing pots,
traditionally generated high annual income for the Archipelago (12 billiion Pesos from
lobster catch); now, due to the loss of the continental platform, these will be reduced by
several billion Pesos per year. In addition, industrial exploitation and processing
companies of fisheries products from the Archipelago would have to close down because
they will not rely on sufficient volumes to pay for their operation costs; without counting
the people affected by the loss of their employment.
 Access to Interlocked Fishing Areas: There is a high degree of fear for the limited
access to the Quitasueño and Serrana Cays, interlocked within the new Nicaraguan
continental platform. Under this new perspective, Colombian fishermen do not dare fish in
the 12 miles of Colombian territorial sea surrounding the cays because they fear for their
integrity as in the past, Nicaraguan authorities were very aggressive, and now, with this
new ruling, they can detain them while transiting through their waters and seize the
product, and/or their vessels. In addition, by being interlocked in the 12 miles, the fishing
effort may increase in these areas, or industrial fishing activities may be lost because
these areas do not have the capacity to withstand both fisheries.
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SUMMARY OF THE FISHERIES ACTIVITIES IN THE ARCHIPELAGO OF SAN
ANDRES, PROVIDENCIA AND SANTA CATALINA, SEAFLOWER BIOSPHERE
RESERVE FOR THE YEARS 2012 AND 2013
This report was drafted using the database of the Fisheries Information System –SIPEIN,
on which the Department relies, prior verification and depuration of the registered data in
relation to the annual reports submitted by each Licensee and/or the work reports
provided by the Licensees.
CAPTURES:
Year 2012
86 disembarkments reported this year, of which 73% corresponded to lobster boats and the
remaining 27% for whitefish. The total amount of lobsters caught was 137.012,00 kg and for
whitefish, 116.558,00 kg, an overtaking of 2.000 Kg in the global industrial quota of lobster
and an exploitation of only 20% of the industrial quota for fish.
The review of the Licensee Disembarkment Reports evidence that for lobsters, three (3) of
them exceeded the quota limit, as follows: ANTILLANA, with an excess of 28.115,00 kg,
CENTROPEZ, with 3, 550, 00 Kg, and UNIPESCA, with 149, 00 Kg. Regarding whitefish,
the Licensees CORAL LOBSTER AND UNIPESCA exceed their quota by 5.662.00Kg and
750 kg, respectively (Table 1).
Table 1: Consolidated Industrial Disembarkments for the Year 2012
2012
LICENSEE
Whitefish Lobster
Quota (Kg)
Total Catch
(Kg)
Quota Use
(Kg)
Quota
(Kg)
Total Catch
(Kg)
Quota Use
(Kg)
C.I. Antillana S.A. 197.000 17.563 9 66.000 94.195 143
Pesquera Ariana 15.000 10.255 68 S/C - -
Atlantic & Gulf 12.000 3.619 30 5.500 4.921 89
Cabeza y Regos 11.000 -
- 6.000 - -
CentroPez 20.000 1.469 7 6.500 10.050 155
Coral Lobster 20.000 25.662 128 5.500 3.693 67
Duet Fisher 32.000 - - S/C - -
Juan Carlos Marin 10.924 - S/C - -
King Crab 136.000 10.437 8- 23.000 10.388 45
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Los Angeles 15.000 4.148 28 5.500 256 5
Pargos del Caribe 15.000 - - S/C - -
Pescamos 26.000 18.252 70 6.000 4.028 67
San Andres 18.000 - - S/C -
Serrana 10.000 - - S/C -
Serranilla 10.000 - - 5.500 -
Sharon 10.000 7.043 70 S/C -
Red Lobster 9.000 - - S/C -
Ricomar 19.000 - - S/C -
Unipesca 6.000 6.750 112 5.500 5.649 103
Total 581.000 116.121 20 135.000 133.182 99
In regard to use of the total quota allocated for fisheries resources, the Licensees
CABEZAS & REGOS, DUET FISHER, PARGOS DEL CARIBE, PESQUERA SAN
ANDRES, PESQUERA SERRANA, PESQUERA SERRANILLA, RED LOBSTER and
RICOMAR did not use the global quota allotted to them.
Year 2013
So far, for the year 2013 (to July), 29 industrial disembarkments are recorded, of which only
28% correspond to whitefish disembarkment. Total extraction is 35.639,00 kg for lobster
catch, of which 62% of this catch was reported by the ANTILLANA Licensee. Only
27.0160,00 kg distributed in 7 Licensees (Table 2) correspond to whitefish catch.
Table 2 - Consolidated Industrial Disembarkment for the year 2013
2013
Licensee
Whitefish Lobster
Quota (kg)
Total
Extracted (Kg)
Quota Use
(%) Quota (kg)
Total
Extracted (Kg)
Quota Use
(%)
C.I. Antillana S.A. 197.000 990 1 64.000 20.303 32
Pesquera Ariana 15.000 - - S/C
Atlantic & Gulf 12.000 4.492 37 5.500 1.305 24
Cabeza y Regos 11.000 1.483 13 5.500 1.103 20
CentroPez 20.000 - 5.500 4.139 75
Coral Lobster 20.000 - - 5.500 -
Duet Fisher 32.000 - - S/C
Juan Carlos Marin 10.000 5.344 53 S/C
King Crab 136.000 1.532 1 21.500 4.232 20
Los Angeles 15.000 - - 5.500 - -
Pescamos 26.000 5.798 22 5.500 3.129
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San Andres 18.000 - - S/C -
Sealand 20.000 - S/C
Serranilla 10.000 - - 5.500
Sharon 10.000 5.763 58 5.500 -
Red Lobster 9.000 - - S/C
Unipesca 6.000 1.614 27 5.500 1.428
Total 567.000 27.016 4,8 135.000 35.639 26,4
As regards the exploitation of the alloted quota, the Licensees CORAL LOBSTER, LOS
ANGELES, SERRANILA and SHARON have not used their quota for lobster extraction,
while for scale fish, the Licensees PESQUERA ARIANA, CENTROPEZ, CORAL
LOBSTER, DUET FISHER, LOS ANGELES, SAN ANDRES, SEALAND, SERRANILLA,
SHARON and RED LOBSTER have not yet used their quota.
Active Fishing Fleet
The companies with the highest number of affiliated ships are: C.I. Antillana S.A. and King
Crab, these ships being mostly foreign flagships. Following is the detailed fishing fleet for
each Licensee:
Table 3 – Active Fleet per Licensee:
License Holder Ship Flagship Authorized Fishery
Jose Ignacio Cabezas (Cabezas y Regos) The Saga Honduran Lobster & Whitefish
Lindel Manuel Stephens Captain Raul Honduran Lobster & Whitefish
Lindel Manuel Stephens Magesty Panama Whitefish
Roman Fuentes Perez (Pesquera Pescamos) Capt Lole Honduran Lobster & Whitefish
Roman Fuentes Perez (Pesquera Pescamos) Fat Boy Honduran Whitefish
Roman Fuentes Perez (Pesquera Pescamos) Sea Dog Honduran Whitefish
Alejandro Serrano Ribes (Unipesca U.S.)
Ri
Drakar V Colombian Lobster & Whitefish
Lenard Mosquito Francis (Pesquera Ariana Alexka) Miss Aida Colombian Lobster & Whitefish
Bredys Luna & Candelaria Rincon (Pesquera San
Andres)
Iris Marc Honduran Lobster & Whitefish
Vianoba Forbes James (Pesquera Serranilla) Ribes Colombian Lobster & Whitefish
Spencer Chow Davis (Pesquera Sharon) Captain 5 Colombian Lobster & Whitefish
Daniel Wilson Siniestra (Coral Lobster) Bonita II Colombian Lobster & Whitefish
Daniel Wilson Siniestra (Coral Lobster) Dorado Colombian Whitefish
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Daniel Wilson Powell (Pesquera Atlantic & Gulf) Bule Sky Honduran Lobster & Whitefish
Daniel Wilson Powell (Pesquera Atlantic & Gulf) Toma Tanzania Whitefish
Juan Carlos Marin Sea Breeze Honduran Whitefish
Carlos Thyme James (Sealand Group) Chambero Colombian Whitefish
CI Antillana SA Capitana Honduran Lobster & Whitefish
CI Antillana SA Sea Falcon Honduran Lobster & Whitefish
CI Antillana SA Miss Dolores Tanzania Lobster & Whitefish
CI Antillana SA Amex I Honduran Lobster & Whitefish
CI Antillana SA Lady Champ Honduran Lobster & Whitefish
CI Antillana SA Miss Shakira Honduran Lobster & Whitefish
CI Antillana SA Rough Rider Jamaica Lobster & Whitefish
CI Antillana SA Miss Shatishai Honduran Lobster & Whitefish
CI Antillana SA Captain Larry Honduran Lobster & Whitefish
CI Antillana SA Fair Winds Honduran Lobster & Whitefish
CI Antillana SA Captain Jared Honduran Lobster & Whitefish
CI Antillana SA Lady Aimme Nicaraguan Lobster & Whitefish
CI Antillana SA Lucky Lady Honduran Lobster & Whitefish
CI Antillana SA Johmy Christinie Honduran Lobster & Whitefish
CI Antillana SA Arlie Junior Third Honduran Lobster & Whitefish
CI Antillana SA Abracadabra Dominican Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Lady Emme Nicaragua Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Maria del Carmen I Colombian Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Navegante del Mar Honduran Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Miss Joy Honduran Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Lucky Norman Honduran Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Doble T Honduran Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Carnival X Honduran Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Captain Norma Honduran Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Retreiver USA Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Tommy Jay Honduran Lobster & Whitefish
Armando Basmagui Perez (Comercializadora King Crab) Miss Astria Colombian Lobster & Whitefish
Juan Enrique Archbold (Centropez) Capt. Geovannie Honduran Lobster & Whitefish
Juan Enrique Archbold (Centropez) Seadiver II Belize Lobster & Whitefish
Fishing Patents
Most of the industrial fishing fleets to date (July 2013) do not have an industrial fishing
patent. Following is a detail of the (most recent) patents issued for fisheries ships:
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toy asgn La
Table 4 – License Holders with Valid Fishing Patents for their Ships
License Holder Patent Nº Ship Authorized Fisheries Date Issued Expiry Date Observation
Pesquera Sharon 716 Captain S Whitefish 04/05/2013 04/04/2014 Valid
Unipesca 720 Drakkar Lobster & Whitefish 06/17/2013 03/31/2014 Valid
Atlantic & Gulf 717 Toma Whitefish 04/30/2013 03/31/2014 Valid
Pesquera Serranilla 719 Ribes Lobster & Whitefish 05/23/2013 04/31/2014 Valid
CI Antillana SA 724 Sea Falcon Lobster & Whitefish 07/05/2013 10/04/2014 Valid
Pesquera Los Angeles 723 Captain Raul Lobster & Whitefish 07/03/2013 03/31/2014 Valid
Pesquera King Crab 722 Miss Astria Lobster & Whitefish 03/07/2013 03/31/2014 Valid
Juan Carlos Marin 714 Sea Breeze Whitefish 05/23/2013 05/24/2014 Valid
Permit Holders
To date, there are 14 companies with updated permits for fishing activities. The company
CI Antillana SA, submitted a request to extend its Integrated Permit for Industrial Commercial
Fisheries, which expire don July 20 of the current year. On the other hand, the company Duet
Fisher does not have an updated permit because its permit expired since 2012 and it did not
request an extension for it.
Table 5 – Permit Holders with Updated Patents for their Ships
Permit Holder Type of Permit Nro. Res Validity
Jose Ignacio Cabezas (Cabezas y Regos) Industrial Commercial Fisheries Permit 001970 of 2009 06/06/14
Lindel Manuel Stephens (Pesquera los Ángeles) Industrial Commercial Fisheries Permit 003040 of 2012 27/06/17
Román Fuentes Pérez (Pesquera Pescamos) Industrial Commercial Fisheries Permit 002577 of 2012 06/05/20
Alejandro Serrano Ribes (Unipesca E.U) Industrial Commercial Fisheries Permit 003254 of 2009 27/06/1177
Lenard Mosquito Francis (Pesquera Ariana Alexa) Industrial Commercial Fisheries Permit 000017 of 2011 06/05/2017
Bredys Luna y Candelaria Rincón (Pesquera San Andrés) Industrial Commercial Fisheries Permit 000020 of 2009 10/09/2014
Vianoba Forbes James (Pesquera Serranilla) Industrial Commercial Fisheries Permit 000020 of 2008 20/12/2016
Spencer Chow Davis (Pesquera Sharon) Industrial Commercial Fisheries Permit 004841 of 2012 17/11/2014
Daniel Wilson Sinisterra (Coral Lobster) Integrated Permit for Industrial Commercial Fishing 00009 of 2009 23/12/2013
Rosales Wilson Powell (Pesquera Atlantic & Gulf) Industrial Commercial Fisheries Permit 000365 of 2012 19/08/2017
Juan Carlos Marin Industrial Commercial Fisheries Permit 00023 of 2011 21/08/2014
Carñps Tjoe,e Ka,es (Sealand Group) Industrial Commercial Fisheries Permit 005191 of 2012 30/09/2017
CI Antillana SA Integrated Permit for Industrial Commercial Fishing 002888 of 2008 20/07/13**
Armando Basmagui Pérez ( Comercializadora King Crab) Integrated Permit for Industrial Commercial Fishing 004771 of 2012 13/09/2017
Juan Enrique Archbold (Centropez) Industrial Commercial Fisheries Permit 0033567 of 2012 28/06/2017
** In the process of being extended
Summary of Queen Conch Captures – Year 2013
The following is a summary of the Queen Conch captures between the months of January
to April 2013, carried out by artisanal fisherment from San Andres and Providencia, which
was approximately 17.5 tons of clean shell meat, causing a recommendation to close
down fishing of this resource. In addition, at a meeting held on April 18, 2013 with the
Administrive Law Judge of San Andres and the Verification Committee, it was decided to
close down this fishery until the results of the next scientific expedition on distribution and
abundance of this resource (Table 6) is received.
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Table 6 – Ratio of the Reported Captures (Kg) of Queen Conch during 2013
MOTORBOAT
FISHING AREA
Albuquerque Serrana & Serranilla Serrana Fishing Area not Reported Total
Captain Sparrow 0 0 1100 0 1100
Carolan – Under Pressure 0 0 2500 0 2500
Dayana 1320 0 0 0 1320
El Mesías 0 1560 0 0 1560
Keep Going 0 0 1180 0 1180
La Reina del Sur 0 0 0 1470 1470
Mad Rass 0 0 1204 0 1204
Miss Siseth 0 0 475 0 475
Nadeen and Narda 0 0 1185 0 1185
Sir Issac 0 0 1238 0 1238
Tauply 0 1123 1178 0 2301
Walltin 875 0 0 0 875
Wet Up 0 0 1098 0 1098
Total 2195 2683 11158 1470 17506
Conclusions: Comparing that data reported by the Ministry of Agricultre in 2013, to July,
fishiries chores barely represent 34% of the valid efforts in 2012. Spiny lobster catch
represents 26% and whitefish 23%; these fishing chores represent the efforts of 7
Licensees of the 15 existing licensees.
Only 8 ships have updated patents of the 46 active ships that make up the fisheries fleet.
While in 2012, 8 licensees did not exploit their fisheries quota, in 2013, 175% (14) did the
same.
The above data reflects, among others, the negative impact that the ruling has had on the
development of fisheries activities in the Archipelago.
Fisheries Results Before and After the Ruling
Concept Validity Proportion
2012 July 2013 Previous Period
Disembarkments 86 29 34%
Spiny Lobster 137,012 kg 35,639 kg 26%
Whitefish 116,538 kg 27,016 kg 23%
Active Fishing Fleet 46 -
Ships with Valid
Patents
8
-
Did not take advantage
of fishing quota 8 14
175%
Licensees 15 7 47
Source: Governorship RAD: Sal 9210 of 07/10/13
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Presidential Decree 1119 of June 17, 2014
197
198
Freedom and Order
Ministry of Foreign Affairs
Republic of Colombia
Decree Number 1119 of JUNE 17, 2014
Whereby amends and supplements Decree Number 1946 of September 2013
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA,
In exercise of his constitutional and legal authority, especially those laid in
Paragraph 11 to Article 189 of the Political Constitution and in the implementation
of the provisions set forth in
Laws 10 of 1978 and 47 of 1993
RECITAL:
That the publication of the thematic nautical charts issued by the General Maritime
Department, through Resolution Nº 613 of December 9, 2013, is only applicable
after the issuance of the Decree that sets forth the respective points and baselines
referred in Article 3 of the cited Decree;
That the Republic of Colombia exercises its rights over its maritime spaces in
conformity with International Law;
That in light of the foregoing,
DECREES
ARTICLE ONE: Amend Paragraph 3 to Article 1 of Decree 1946 of September 9,
2013, which shall read as:
The Republic of Colombia exercises full sovereignty over its
insular territories and its territorial sea; jurisdiction and
sovereign rights over the rest of the maritime spaces created
by its insular territories under the terms prescribed by
international law, the Political Constitution, Law 10 of 1978,
Decree 1946 of 2013, and by this Decree, as it may
correspond. Colombia exercises historical rights to fishery in
such spaces, pursuant to international law.
ARTICLE TWO: Amend Paragraph 3 and 3 to Article 5 of Decree 1946 of
September 9, 2013, which shall read as:
3. With the purpose of protecting the sovereignty of its territory and
territorial sea in the integral contiguous zone set forth in this Article,
to implement the provisions set forth in the previous paragraph, the
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DECREE NUMBER 1190 OF JUNE 17, 2014 –
CONTINUATION OF DECREE “Whereby amends and supplements Decree Number 1946 of September 2013
2
Colombian State will exercise the necessary powers to implement
and control to:
a) Prevent and control the violations of the laws and regulations
related to the comprehensive security of the State, including
piracy and trafficking in narcotic drugs and psychotropic
substances, as well as behaviors that attempt against the safety
and security of the sea and national maritime interest, issues
relating to customs, fiscal, immigration and sanitary matters
carried out in its insular territories or their territorial sea. In the
same manner, violations of laws and regulations related to the
preservation of the environment and its cultural heritage will also
be prevented and controlled.
ARTICLE THREE: Add to Article 5 of Decree 1946 of September 9, 2013, the
following paragraph:
“[…]
Paragraph: Application of this paragraph will be performed in conformity
with international law and the provisions set forth in Article 7 to this Decree.”
ARTICLE FOUR: Modify Article 6 to Decree 1946 of September 9, 2013,
which will read as follows:
"ARTICLE SIX: ELABORATION OF THE CARTOGRAPHY
The points and baseline referred in Article 3 to this Decree will be
published in the official thematic maps of the Republic of
Colombia, elaborated by the General Maritime Division. Relevant
matters will be sent to the Agustin Codazzi Geographical Institute
for matters within its competency. Such maps will be duly
published.
The integral contiguous zone established by virtue of this Article,
will appear in official thematic maps of the Republic of Colombia
elaborated by General Maritime Division. Relevant matters will be
sent to the Agustin Codazzi Geographical Institute for matters
within its competency. Such maps will be duly published.
Once the points and baseline are specified, as well as the rest of
the spaces referred in this Decree, they will be established
through a decree issued by the National Government.
Paragraph: Publication of the corresponding official thematic
maps will take place once the National Government publishes the
decree through which the points and baselines are established,
as of which measurement of the width of the territorial sea, the
contiguous zone and the diverse maritime spaces created by the
islands that conform the insular territories in the Caribbean Sea of
Colombia are established.”
ARTICLE FIVE: This Decree governs as of the date of its publication,
and supplements and amends Decree 1946 of September 9, 2013.
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3
AURELIO IRAGORRI VALENCIA
ARIA ANGELA OLGUIN CUEL
PUBLISH AND EXECUTE
Given in Bogota, D.C. on June 17, 2014
THE MINISTER OF THE INTERIOR,
Illegible Signature - AURELIO IRAGORRI VALENCIA
THE MINISTER OF FOREIGN AFFAIRS
Illegible Signature – MARIA ANGELA
HOLGUIN CUELLAR
THE MINISTER OF FINANCE AND PUBLIC CREDIT
Illegible Signature
MAURICIO CARDENAS SANTAMARIA
THE MINISTER OF NATIONAL DEFENSE
Illegible Signature
JUAN CARLOS PINZON BUENO
THE MINISTER OF HEALTH AND SOCIAL PROTECTION
Illegible Signature
ALEJANDRO GAVIRIA URIBE
THE MINISTER OF THE ENVIRONMENT AND SUSTAINABLE
DEVELOPMENT
Illegible Signature
LUZ HELENA SARMIENTO VILLAMIZAR
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/ AURELIO IRAGO~LENCIA
DECREE NUMBER 1190 OF JUNE 17, 2014 –
CONTINUATION OF DECREE “Whereby amends and supplements Decree Number 1946 of September 2013
4
R OS PINZON BUENO
LUZ HELENA SARMIENTO
VILLAMIZAR
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/
~? ?_-/v// /
Annex 14
DIMAR Resolution Number 0305 of 2014
25 June 2014
203
204
… OFFICIAL - Edition 49.213, Tuesday, July 14, 2014
Resolution Number 0305 DIMAR of 2014 (June 25),
By which special and temporary measures are adopted in the jurisdiction of the
Captaincy of San Andres and Providencia Port.
The Director General of Maritime Affairs, in the exercise of the legal authority
vested in Numerals 5, 6 and 8 to Article 5 of Decree-Law 2324 of 1984, in
agreement with Numerals 2 and 5 to Article 2 of Decree Number 5057 of 2009, in
Article 7 of Law 1115 of 2006, and
WHEREAS:
Article 2 of the Political Constitution of the Republic of Colombia sets forth that
service to the community, promotion of general prosperity and effective assurance
of the principles, rights and duties are essential purposes of the State, consecrated
in the Constitution itself;
Article 3 to Law 489 of 1998, in agreement with Constitutional [Article] 209, sets
forth that the administrative function is at the service of the general interests and
conducted on the basis of the principles of equality, morality, effectiveness,
economy, promptness, impartiality, publicity, responsibility and transparency;
Paragraph 5 to Article 5 of Decree-Law 2324 of 1984, confers within the
functions of the Directorate General of Maritime Affairs to regulate, direct and
control activities related to safe navigation in general;
Paragraph 6 to the same Article, confers function to authorize the operation of
naval vessels and gear in Colombian waters;
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Paragraph 8 to the same Article, confers function to the Directorate General of
Maritime Affairs to authorize and control activities related to the arrival, docking,
maneuvering, anchoring, towing and sailing of naval vessels and equipment; to
implement reception of calls to Colombian ports for naval vessels and equipment
through port captainships;
Paragraph 5 to Article 2 of Decree Number 5057 of 2009, sets forth the function
of the Director General of Maritime Affairs to plan, direct, coordinate and assess
the necessary regulations to develop, supervise and control maritime activities;
Article 1 to Decree Number 2836 of 2013, sets forth that domestic or foreign flag
ships will pay for maritime safety services, every time they call to a Colombian
port, pursuant to the processes and procedures developed by the National
Maritime Authority so as to contribute to the safety of human lives at sea, to safe
and effective navigation, and/or the protection of the marine environment;
Decree Number 1423 of 1989, in its Article 41, consecrate that when a foreign
flag vessel remaining in Colombian ports or waters for more than sixty (60) days,
will require authorization from the Maritime Directorate General;
That on November 19, 2012, the International Court of Justice, with headquarters
in The Hague, delivered a ruling that establishes the maritime delimitation
between Colombia and Nicaragua over the San Andres, Providencia and Santa
Catalina Archipelago, which cause a factual situation that has given rise to
negative effects of an economic and social situation for the development of life
and activities in the Archipelago;
That through Decree Number 733 of April 17, 2013, modified by Decree Number
2667 of November 20, 2013, the Phase II Program of San Andres, Providencia
and Santa Catalina was adopted, which defines the strategic program and
investment projects for implementation in the Department Archipelago of San
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Andres, Providencia and Santa Catalina, in the agricultural, fisheries, aquiculture
sectors, pursuant to the provisions set forth in Article 151 to Law 1607 of 2012
and Decree Number 294 of 2013;
That in order to overcome the negative economic and social consequences for the
population in the Archipelago arising from the referred-to ruling, the need to
implement special and temporary measures are anticipated for domestic and
foreign vessels dedicated to industrial fisheries that were performing the activity
in that area of the national territory;
That through Resolution Number 311 of 2013, the Directorate General of
Maritime Affairs adopted special and temporary measures in the jurisdiction of
the Port Captainship of San Andres and Providencia, enforced for a term of one
year, requiring an update of the list of Colombian and foreign flag vessels, to
which the following benefits will apply:
In recognition of the above, the Director General of Maritime Affairs,
RESOLVES:
Article 1 – Object – the purpose of this resolution is to establish special and
temporary measures in the jurisdiction of the Port Captainships San Andres and
Providencia following the ruling by the International Court of Justice, with
headquarters in The Hague, dated November 19, 2012.
Article 2 – Scope of Application – The provisions to this resolution will apply
exclusively to the following vessels dedicated to industrial fisheries in the
jurisdiction of the Port Captainships of San Andres and Providencia:
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1. Colombian Flag Vessels:
Nº Motorboat Name Registration Nº Flag
1 CAPITAN S MC-07-0165 COLOMBIA
2 CAPITAN RAUL MC-07-0179 COLOMBIA
3 MISS ASTRIA MC-07-0144 COLOMBIA
4 DRAKKAR V MC-05-592 COLOMBIA
5 RIBES CP-03-0453-B COLOMBIA
6 MARÍA DEL CARMEN 1 MC-07-0162 COLOMBIA
2. Foreign Flag Vessels:
Nº Motorboat Name Registration Nº Flag
1 SEA BREEZE U-1208047 HONDURAS
2 THE SAGA U-1826659 HONDURAS
3 AMEX 1 RHU-52423 HONDURAS
4 CAPT GOEVANIE U-0328176 HONDURAS
5 BLUE SKIES 1 U-1812701 HONDURAS
6 MISS SHARIKA U-1822588 HONDURAS
7 CAPITANA U-1818041 HONDURAS
8 CAPT LOLE RHU-25186 HONDURAS
9 LUCKY LADY U-1824370 HONDURAS
10 LADY CHAMP U-1924727 HONDURAS
11 CAPT HYDE U-1808425 HONDURAS
12 SEA DOG U-1808425 HONDURAS
13 FAT BOY L-197554 HONDURAS
14 SEA FALCON 1446 NICARAGUA
15 CAPT JARED 1447 NICARAGUA
16 MISS SHARLETT 1093 NICARAGUA
17 MISS DOLORES 300112 TANZANIA
18 TOMA 300241 TANZANIA
Article 3 – Maritime Safety Service – Colombian and foreign flag motorboats
pointed out in Numeral 1 and 2 to Article 2 of the resolution, are exempt from
payment of the Maritime Safety Service, set forth in Article 1 to Decree Number
2836 of 2013, whose collection corresponds to the Directorate General of
Maritime Affairs, for a one year term as of the enforcement of this resolution.
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Article 4 – Permanence and Operation Permit of Foreign Vessels – Foreign flag
motorboats listed in Numeral 2 to Article 2 of this resolution, will automatically
receive the permanence and operation permit of foreign vessels in the jurisdiction
of the San Andres and Providencia Captainships, for a one year term as of the
enforcement of this resolution, prior authorization from the Department of
Agriculture and Fisheries of Governorate of San Andres, Providencia and Santa
Catalina.
Article 5 - Statutory Certificates – Colombian and foreign flag motorboats listed
in Paragraphs 1 and 2 to Article 2 of this resolution, are hereby authorized to
operate in the jurisdictional waters of the San Andres and Providencia
Captainships for a three (3) month term as of the date of enforcement of this
resolution, while the necessary inspections to renovate and countersign the
Statutory Certificates by the National Maritime Authority.
Article 6 – Validity – This resolution will enter into force as of the date of its
publication in the Official Bulletin and derogates Resolution Number 311 of 2013
of the Directorate General of Maritime Affairs.
Publish and execute.
Given in Bogota, D.C., on June 25, 2014
The Director General of Maritime Affairs,
Rear Admiral Ernesto Duran Gonzalez
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Annex 15
President Juan Manuel Santos, Complaint against articles
XXXI and L of the Pact of Bogotá, Constitutional Court,
D-9907
12 September 2013
211
212
Juan Manuel Santos
President of the Republic of Colombia
Honourable Judges
Constitutional Court
Hand delivered
Re: Complaint against Articles XXXI and
L of the Pact of Bogota (Law 37 of 1961)
Respected Judges:
JUAN MANUEL SANTOS, identified with citizenship card number
19123402, address you in the exercise of a public constitutional
challenge to request the inapplicability of Articles XXXI and L of the
American Treaty on Pacific Settlement (Pact of Bogota), incorporated to
national legislation by Law 37 of 1961, which in that part is also object of
this complaint.
I. LEGAL PROVISIONS CHALLENGED
The challenged paragraphs of Articles XXXI and L of the American Treaty
on Pacific Settlement (Pact of Bogota) are transcribed below, which were
incorporated to national legislation by Law 37 of 1961, which in that part
is also object of this complaint.
“ARTICLE XXXI. In conformity with Article 36, paragraph 2, of the
Statute of the International Court of Justice, the High Contracting
Parties declare that they recognize, in relation to any other
American State, the jurisdiction of the Court as compulsory ipso
facto, without the necessity of any special agreement so long as the
present Treaty is in force, in all disputes of a juridical nature that
arise among them concerning:
a) The interpretation of a treaty;
b) Any question of international law;
c) The existence of any fact which, if established, would constitute
the breach of an international obligation;
d) The nature or extent of the reparation to be made for the breach
of an international obligation.
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ARTICLE L. If one of the High Contracting Parties should fail to
carry out the obligations imposed upon it by a decision of the
International Court. of Justice or by an arbitral award, the other
party or parties concerned shall, before resorting to the Security
Council of the United Nations, propose a Meeting of Consultation
of Ministers of Foreign Affairs to agree upon appropriate measures
to ensure the fulfillment of the judicial decision or arbitral award.
II. VIOLATED CONSTITUTIONAL NORMS
The challenged provisions violate Articles 3, 9 and 101 of the Political
Constitution.
III. LEGAL GROUNDS
1. Introduction and summary of the charges formulated
Law 37 of 1961 approving the Pact of Bogota predates the Constitution of
1991. This complaint alleges that some paragraphs of this law, which
incorporated two provisions of the Pact of Bogota to national legislation,
permitting the automatic modification of Colombia’s borders, based on a
judgment of the International Court of Justice, became unconstitutional.
It is a surviving unconstitutionality inasmuch as Article 101 of the
Constitution provides that the country’s borders may only be modified by
an international treaty.
It is a constitutional rule that makes more concrete one of the essential
elements of Colombia’s sovereignty, which rests “exclusively” in the
people (Article 3 of the Political Constitution) and not in the International
Court of Justice. In addition, Article 9 provides that Colombia’s foreign
relations are based on national sovereignty and on the self-determination
of the peoples.
Therefore, Colombia’s borders with other States cannot be altered by a
judgment handed down by the International Court of Justice, which does
not represent the people of Colombia, or constitutes an expression of the
self-determination of the Colombian people, or is one of the means set
forth in Article 101 for fixing or modifying Colombia’s borders.
…..
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Once the International Court of Justice hands down a judgment
modifying Colombia’s borders, the Pact of Bogota does not provide that
the States shall sign a treaty to settle their disputes after the judgment,
although the same International Court of Justice has admitted that
possibility, as shall be seen further below.
…...
Therefore, if a treaty in force in 1991 fixed a land or maritime border, it
can only be modified through a treaty. It cannot be modified by any other
means. However, the challenged articles permit to do so with a judgment
of the International Court of Justice.
This complaint also asserts (i) that the Constitutional Court is competent
to hear constitutional challenges against treaties approved and ratified
prior to 1991, and (ii) continues to have competence to adjudge on the
law approving the Pact of Bogota, notwithstanding that the National
Government denounced such treaty in accordance with the procedure set
forth in Article LVI.
……
2. Competence of the Constitutional Court
…..
The Constitutional Court is competent to hear this complaint by virtue of
Article 241, paragraph 4, of the Constitution because it addresses a
provision that is part of a law of the Republic. In effect, the challenged
norms are part of Law 37 of 1961.
2.1 Evolution of the Constitutional Court’s competence to
control the constitutionality of treaties prior to 1991 and
the respective approving laws.
Pursuant to constitutional jurisprudence, it is clear that the
Constitutional Court is competent to review the constitutionality of a law
approving a treaty prior to 1991.
The jurisprudence of the Constitutional Court has evolved, but the
doctrine in force indicates that it is competent to adjudge laws approving
a treaty prior to the Constitution of 1991 when a citizen demands it by
exercising a public constitutional challenge.
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……
However, this thesis was later refuted by the same Court in Judgment C-
400 of 98 (Chief Judge Alejandro Martínez Caballero), which reviewed the
constitutionality of the Vienna Convention on the Law of Treaties
between States and International Organizations or between International
Organizations. The Court declared inapplicable Article 27 of that treaty,
which enshrines the pacta sunt servanda principle. Upon analyzing that
article, the Court found that the Constitution has a moderate monist
system, which harmonizes the obligation of the treaties with the internal
supremacy of the Constitution. As regards the applicability of the pacta
sunt servanda principle, the Court added “four ineludible consequences”.
One of those consequences, according to the Court, was that “a treaty
that is contrary to the Constitution should not be applied by the
authorities, by virtue of the peremptory mandate of the superior Article
4. Another consequence was that “the doctrine developed by this Court
in Judgment C-276 of 1993 is no longer acceptable” and, on the other
hand, perfected treaties could be subject to constitutional control.
This is the jurisprudence in force. It has been subsequently reiterated by
the Constitutional Court. The most recent judicial order in this respect is
Order 288 of 2010 (Chief Judge Jorge Ivan Palacio Palacio), whereby the
Court ruled on a complaint against the agreement between Colombia and
the United States on the use of military bases in Colombia by the armed
forces of that country.
……
In that order, the Court noted:
“A public constitutional challenge against international agreements
has also been accepted by the jurisprudence of this Court ever
since its first decisions and it is suitable in at least three events:
(i) Against laws approving treaties signed and ratified prior to the
Constitution of 1991. That was the position set forth in the
Judgment that examined a complaint against the law approving
the Concordat, which was abandoned for a short period and later
reassumed in the Judgment that examined the Vienna Convention
on the Law of Treaties between States and International
Organizations [...]”
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Therefore, jurisprudence admits the complaint against treaties prior to
1991 approved by laws passed prior to the Constitution of 1991 because
otherwise the Constitutional Court would not be able to fulfill its
responsibility of defending the supremacy of the Constitution.
The norms challenged on this occasion meet these requirements.
Articles XXXI and L of the American Treaty on Pacific Settlement (Pact of
Bogota) were approved by Law 37 of 1961, which in that part is also
object of this complaint. Their content permits the International Court of
Justice to modify Colombia’s land and maritime borders, affecting those
people living in the areas affected by the respective judgment of the
Court. The meaning of the challenged norms is overtly contrary to the
Constitution because while Article 101 of the Constitution prohibits any
modification of Colombia’s borders by any means other than an
international treaty, the Pact of Bogota permits land and maritime
borders—an international law matter over which the International Court
of Justice has jurisdiction (Article XXXI of the Pact)—to be affected by a
judgment of the aforesaid Court, which execution is compulsory (Article
L of the Pact) notwithstanding that the border has been modified by the
judgment. Therefore, it is necessary to defend the supremacy of the
Constitution and this “treaty contrary to the Constitution should not be
applied by the authorities by virtue of the superior peremptory mandate
of Article 4”, as set forth by the Constitutional Court in Judgment C-400
of 98 (Chief Judge Alejandro Martinez Caballero), reiterating the doctrine
that treaties prior to 1991 and their respective approving laws are
subject to constitutional control.
It is unacceptable the view that the text of the two articles of the
Covenant does not refer explicitly to territorial and maritime Iimits of
states. As was highlighted earlier, the border Iimits between American
states have been disputed before the International Court of Justice
based on the Pact of Bogota. That is the interpretation that the
International Court of Justice itself has adopted. Therefore it can not be
argued that the Pact of Bogota excludes the border disputes. In any
case, as has been said by the Court, "if the legal provision supports
multiple interpretations, some of which violate the Charter but others
conform to it, then the Court must utter a conditional constitutionality
or interpretative judgment that establishes which interpretation of the
provisions remain within the legal system and which are not
constitutionally legitimate. "
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In conclusion, the Court is competent to hear this complaint and to
decide on the substance of the challenged norms.
2.2 The Pact of Bogota continues to produce effects for Colombia
notwithstanding that it was denounced by Colombia because the
judgment of the International Court of Justice was handed down
prior to the denunciation of the Pact.
Article LVI of the Pact permits the denunciation of the treaty and
regulates the effects of the same. Colombia denounced the Pact of
Bogota on 12 November 2012.
Although it may not be invoked by a State to file a new complaint
against Colombia, the obligations acquired in previous proceedings
continue in force. In other words, the Pact of Bogota shall continue to
produce effects for Colombia on the date this complaint is filed and on
the date that judgment is entered by the Constitutional Court.
Therefore, the Court should not refrain from rendering judgment on the
merits.
Article LVI of the Pact provides:
“ARTICLE LVI. The present Treaty shall remain in force indefinitely,
but may be denounced upon one year's notice, at the end of which
period it shall cease to be in force with respect to the state
denouncing it, but shall continue in force for the remaining
signatories. The denunciation shall be addressed to the Pan
American Union, which shall transmit it to the other Contracting
Parties.
The denunciation shall have no effect with respect to pending
procedures initiated prior to the transmission of the particular
notification.”
Paragraphs one and two of the treaty should be harmonized. The first
paragraph provides that the Pact shall cease to be in force one year after
it is denounced. The second paragraph provides that the denunciation
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shall have no effect with respect to pending procedures initiated
subsequently to the notification.
The National Government has asserted that the jurisdiction of the
International Court of Justice ceased as of the notification of Colombia,
in accordance with paragraph two of Article LVI.
Whatever interpretation is adopted, it is clear that the denunciation
shall have no effect on the proceedings initiated prior to the
transmission of the respective notification. These proceedings could
have concluded or could be underway.
The proceeding that led to the two rulings of the International Court of
Justice modifying the maritime borders of Colombia with Nicaragua
already concluded in two judgments. On 19 November 2012, the
International Court of Justice rendered judgment in relation to the
dispute between Colombia and Nicaragua concerning sovereignty over
the Archipelago of San Andres, Providence and Santa Catalina and
maritime delimitation between the continental shelf and exclusive
economic zones of both States. In the judgment entered on 13 December
2007, the same Court warned that the Esguerra-Barcenas Treaty and
the respective Exchange of Ratifications had not fixed a maritime border
between the two countries and Meridian 82 was only a criterion for the
assignment of the islands.
……
In addition, some State, especially Nicaragua, could defend the thesis
that Nicaragua continues subject to the compulsory jurisdiction of the
Pact until November 27, 2013. Nicaragua, for example, could proceed to
bring before the International Court of Justice the application it has
announced asking that it recognize an extended continental shelf of 350
nautical miles and fix a new border with Colombia close to Colombia’s
continental coast in the Caribbean Sea. Colombia would object to the
jurisdiction of the Court and to this claim, but the International Court of
Justice would decide if it has jurisdiction and competence with respect to
this new dispute.
Now then, constitutional jurisprudence has constantly upheld that:
“In terms of guarding the integrity and supremacy of the
Constitution, it should know what provisions have been challenged
and repealed, provided that such norms continue to produce legal
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effects. On the other hand, if the challenged norm excluded from
the legal framework no longer produces legal effects or never
produced them, the judgment of constitutionality is innocuous due
to a lack of object.
The Pact of Bogota, in virtue of its denunciation by Colombia, is no
longer in force for Colombia, in the abstract, with respect to future
judicial proceedings, but it continues to produce effects because a
judgment was rendered in a proceeding against Colombia, which
modified its maritime borders in the waters of the Archipelago and
affected the unit of the archipelago, together with a proceeding
announced by Nicaragua to request recognition of an extended
continental shelf, which would reduce the extension of the continental
shelf derived from Colombia’s continental coasts.
Therefore, the Constitutional Court is competent to deliver judgment on
the merits of this complaint and to review the challenged legal norms for
the purpose of defending the supremacy of the Constitution.
3. Development of the charge of violation of Articles 2 and
101 of the Constitution.
3.1 The Pact of Bogota permits land and maritime borders to
be modified ipso facto by a judgment of the International
Court of Justice.
The Pact of Bogota does not exclusively regulate disputes concerning
territorial matters. It deals with all international law matters that arise
between States, including, among others, territorial disputes, as well as
other kinds of disputes. As an example, it has been invoked before the
International Court of Justice to substantiate litigation relating to
extraterritorial armed actions and fumigations with herbicides.
However, territorial disputes are resolved under the Pact of Bogota. This
is because Article XXXI defines the competence of the International
Court of Justice in a broad manner.
…..
The Pact of Bogota does not contain norms with respect to the
incorporation of international judgments. This is a matter left to the
domestic legislation of each country.
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……
The Pact of Bogota permits to modify “the borders fixed in the manner
set forth in this Constitution” without following the procedures laid
down in the Constitution. A judgment of the International Court of
Justice would modify ipso facto territorial and maritime borders.
This automatic modification is inadmissible because the Constitution
gives constitutional rank to borders demarcated by treaties prior to
1991. Those are the borders alluded to in the first paragraph of Article
101: “The borders fixed in the manner laid down in this Constitution”,
that is to say, the borders established in 1991 “in international treaties
approved by Congress and duly ratified by the President of the
Republic.”
……
The best interpretation of Article 101 of the Constitution has already
been set forth by the Constitutional Court in its judgments: any
modification of borders demarcated by a treaty prior to 1991, including
borders in maritime spaces, such as those derived from the Archipelago
of San Andres and Providence, requires an international treaty, followed
by a constitutional reform.
3.2 The meaning of Article 101 of the Constitution and the
decision of the Constituent Assembly not to accept
judgments that demarcate Colombia’s borders.
Article 101 of the Constitution prohibits the automatic incorporation of
judgments of the International Court of Justice that change the borders
of Colombia.
When a judgment of the International Court of Justice modifies the
borders previously fixed by international instruments in force prior to
1991, Article 101 mandates that a new treaty must be signed wherein
Colombia agrees with the concerned States on the situation of the
border and the rights of Colombian citizens affected by the judgment.
Therefore, a judgment of the International Court of Justice of such
scope cannot be automatically applied, but instead requires a complex
process of incorporation or harmonization of its effects with other
constitutional precepts.
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This process requires the participation of the three branches of public
power because after the treaty is signed by the Executive, it is approved
by the Congress of the Republic and adjudged by the Constitutional
Court, before it is finally ratified by the President of the Republic.
…….
The expression “arbitral award” has not been explained in depth by the
International Court of Justice. The relevant arbitral award for defining
Colombia’s territory in the Caribbean Sea is the award rendered in 1900
by Emile Loubet, President of France, on the border between Colombia
and Costa Rica. According to the International Court of Justice, an
arbitral award results from “a settlement of differences between states
by judges of their own choice and on the basis of respect for law.” For
the Court, “a decision is not an arbitral award if the parties have not
chosen the persons in charge of deciding or have not indicated the
method for making the decision, which can be in law or equity.”
Therefore, the “award” concept does not include judgments rendered by
the International Court of Justice because they are handed down by a
judicial organ not chosen by the parties. A proposal was made during
the National Constituent Assembly to include a reference to
“judgments” in the borders of Colombia. This reference was not
included in the final version of Article 101, which only refers to “arbitral
awards”. This reference is consistent with the thesis of the
Constitutional Court in the sense that “the Constituent Assembly had a
“master image” of Colombia’s consolidated territory. This master image
included the arbitral award issued by the President of France in 1900,
but no international judgment because Colombia has never been a
party in any delimitation of borders before the International Court of
Justice.
In effect, the difference between an award and a judgment is enormous.
As regards judgments, the State does not give its consent with respect
to three essential factors: who decides, what should be decided, and
what results are inadmissible.
In effect, judges are chosen by other states through a procedure at the
UN General Assembly, where Colombia has little actual influence.
The specific object of the dispute with Colombia is defined by the
demanding state and later by the judges of the Court. The foregoing is
clearly derived from the challenged Article XXXI. In abstract, the states
submit ipso facto to the jurisdiction of the International Court of Justice
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and the demanded state can circumscribe the object of the dispute, as
can be gleaned from the provisions of the challenged article. This was
evident in the judgment rendered on 19 November in the dispute
between Colombia and Nicaragua because the Court did not limit itself
to render judgment with respect to the sovereignty of the formations,
but also with respect to the maritime borders. Neither did it focus its
judgment on the relevant area comprised by the Esguerra-Barcenas
Treaty (waters between the Archipelago and Nicaragua’s coast), but
extended its judgment to another relevant area located between the
Archipelago of San Andres and Providence and Colombia’s continental
coast. The International Court of Justice not only ruled that Meridian
82 was not the border, but decided to demarcate the exclusive economic
zones and continental shelves. It is true that Colombia argued against
this, but it did so in light of the previous non-appealable fact that the
International Court of Justice, notwithstanding Colombia’s objections
and manifestation that it did not recognize its jurisdiction, decided that
Colombia was compelled by the Pact of Bogota to submit to the
jurisdiction of the Court. In the ruling (3) in the operative part of the
Judgment of 13 December 2007 concerning Colombia’s objections, the
Court invoked Article XXXI of the Pact of Bogota as the basis for its
jurisdiction to adjudge on the sovereignty of each state with respect to
maritime formations (3(a)) and with respect to the maritime border 3(b))
between Colombia and Nicaragua.
……..
The differences between awards and judgments in the international
arena have special relevance in light of the principle of selfdetermination
of the peoples. Since arbitral jurisdiction depends on
consent, the principle of self-determination of the peoples is realized
with awards. This is evident in the three elements previously
mentioned: appointment of the arbiters, delimitation of the object of the
dispute to precisely circumscribe the competence of the arbiters and
establishment of specific parameters to avoid inadmissible awards for
both parties. Awards are the expression of a specific, concrete and
precise manifestation of the sovereign will of a state that consented to
the arbitration of a specific dispute subject to some defined parameters.
On the other hand, judgments are only the result of the generic
ratification of a treaty, in the abstract, and a state cannot decide what
specific matters will be included and excluded from the jurisdiction
once the dispute arises, or choose the judges who will settle that
dispute in particular, or much less define the framework of reference of
the judges, which in turn has an impact on the admissible result for the
states.
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Therefore, the difference between “awards” and “judgments” is not only
technical, but has a principle of sufficient reason. The Constituent
Assembly understood it this way and, therefore, while it enshrined the
self-determination of the peoples as a fundamental principle of foreign
relations (Article 9 of the Political Constitution), it concluded that
Colombia’s borders cannot be fixed by judgments, only by awards and
treaties.
Therefore, when a judgment affects Colombia’s borders, the State, in
the exercise of its sovereignty and in accordance with the principle of
self-determination of the peoples, must sign a new treaty to resolve the
problems caused by the judgment on the bases of reciprocity, equity
and national convenience (Article 226 of the Political Constitution), and
must also determine the borders that the people of Colombia will accept
in the exercise of their right to self-determination (Article 9 of the
Political Constitution).
……..
When the borders modified by a judgment of the International Court of
Justice were fixed by international instruments prior to the
Constitution of 1991, the obligation to sign a new treaty is even greater
because such borders were given constitutional rank by the
Constitution of 1991.
……..
For the Court, three consequences are derived from this constitutional
rank of the treaties of limits prior to 1991:
The first consequence is that “treaties of limits already perfected at the
time that the Constitution entered into force cannot be subject to claims
because, in essence, they are norms that integrate a block of
constitutionality.”
The second consequence is that “owing to the constitutional hierarchy
of those treaties, this Court finds that the modification of the borders,
which implies an assignment of territory with respect to the
consolidated borders that existed when the Charter of 1991 was
approved, not only requires a new international treaty as set forth in
Article 101 of the Charter, but this treaty should also be internally
approved through the constitutional reform procedures set forth in Title
XIII of the Charter.
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Finally, the third consequence is that “treaties that do not modify
borders, but define borders in dispute with other countries, do not
imply a constitutional modification and can be approved through an
ordinary procedure to incorporate the treaties to the domestic
legislation. In effect, in these cases, to the extent that the borders were
not clear when the Charter of 1991 was approved, it is evident that
those borders have not been constitutionalized, so the political
organs―the President and Congress―enjoy certain freedom to agree on
those borders with neighboring nations, in terms of what is more
convenient for the country and based on respect for the national
sovereignty and international principles recognized by our country
(Article 9 of the Political Constitution).
………
The third paragraph of the aforesaid Article 101 went even further. It
expressly included the Archipelago of San Andres, Providence and Santa
Catalina and all its formations within Colombia’s territory. It clearly
states that:
“In addition to the continental territory, the Archipelago of San
Andres, Providence, Santa Catalina and Malpelo form part of
Colombia, in addition to the islands, islets, keys, headlands and
banks that belong to it.”
As stated by the Constitutional Court, “a careful examination of the
antecedents of Article 101 of the Charter shows that the Constituents did
not pretend to entirely delegate to the treaties the delimitation of the
Colombian territory. Their discussions rather presupposed a rather
precise and developed idea of what this territory comprised.” Within that
“precise and developed” idea was the composition of the archipelago.
…….
So the third paragraph of Article 101 not only covers the islands
specifically named, but the seven keys in dispute with Nicaragua, as well
as the maritime borders of the archipelago, just like they were
established in 1991, including the border established in Meridian 82.
This meridian was expressly mentioned in the Constituent Assembly and
forms part of the “master image” to which the Constitutional Court
referred to in the aforesaid judgment.
…….
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3.3 Constitutional jurisprudence has mandated that treaties
that affect the maritime borders of Colombia respect the
provisions of the Constitution that constitutionalized the
Esguerra-Barcenas Treaty and the respective Exchange of
Notes, which form part of the block of constitutionality.
……
It can be gleaned from the foregoing that a parameter of constitutionality
of the treaties of limits is respect for the sovereignty of Colombia over the
archipelago, “and its respective maritime areas.” This is due to the
decision of the Constituent Assembly to constitutionalize the treaties of
limits prior to 1991 and to declare that the Archipelago and its respective
maritime areas belong to Colombia. This reaffirms that a judgment by
the International Court of Justice cannot be automatically incorporated
to Colombia’s legislation. If such judgment changes the borders
established prior to 1991 and affects the maritime areas of the
archipelago, accepting its effects ipso facto implies that it is accepted that
the Constitution itself was modified by a judgment, which would be a
clear violation of Article 374 of the Charter, which only admits three
constitutional reform mechanisms, within which the judgments of the
International Court of Justice are not found.
…….
3.3 Summary of the doctrine prohibiting the automatic
incorporation of judgments that modify the territorial or
maritime borders of Colombia.
In summary, the doctrine prohibiting the automatic incorporation of
judgments that modify the territorial or maritime borders of Colombia is
supported by the following jurisprudential articles and sub-rules:
- The second paragraph of Article 101 of the Constitution does not
contemplate judgments as instruments capable of constitutionally
modifying the country’s borders. Only treaties and awards can modify
them because they are the result of the sovereign will of the State to
negotiate the treaty or to appoint arbiters and define the specific object of
the dispute.
- Treaties of limits can involve delimitation of uncertain rights or
assignment of certain rights. In the first case, the treaty can be approved
by a law of the Republic. In the second case, the treaty must be approved
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through a constitutional reform. This has been upheld by the
Constitutional Court in the aforesaid judgments.
- Within the limits contemplated in the first paragraph of Article 101 is
Meridian 82 1 , which formed part of the “master image” that the
Constituent Assembly had, as gleaned from the Assembly’s Gazettes and
confirmed by constitutional jurisprudence.
- The Archipelago of San Andres, Providence and Santa Catalina is a unit
that must be respected by any treaty, and the rights of Colombia,
including those it exercises over “its respective maritime areas” cannot be
transferred to third States, as stated in Article 101 of the Charter, in
accordance with Article 310, and as the Constitutional Court has upheld.
- Neither the Constituent Assembly nor the Court has made a distinction
between territory and maritime zones. Neither did they separate the
islands from the archipelago sea. In addition, they impede the transfer of
“rights” over maritime areas corresponding to the Archipelago. Therefore,
a reduction in the rights over the continental shelf and exclusive
economic zone is a reduction of the constitutionally protected space
under Colombia’s constitutional law, or a transfer of rights through a
means excluded by the Constitution.
These conclusions have enormous consequences. It is not a theoretical
matter in relation to the meaning of the Constitution. As it is publicly
known, the International Court of Justice issued two judgments in the
dispute between Nicaragua and Colombia, which create a contradiction
with the Constitution at least in three elements: (i) they do not recognize
the border at Meridian 82 and therefore modify the borders of Colombia
through a means prohibited by the Charter; (ii) they transfer to
Nicaragua the rights of Colombia over maritime areas that only Colombia
can regulate through a treaty based on reciprocity and equity; and (iii)
they draw a new maritime border between the two States, without the
consent of the Colombian people through their representatives in the
exercise of their sovereignty and right to self-determination.
1 (footnote 24) The Ratification Notes Exchange of the Esguerra-Barcenas Treaty was also
constitutionalized by the Constitution of 1991. It is an integral part of the Treaty and was also taken into
account by the Constituent Assembly as part of the “master image” of the national territory. The border
fixed in the Exchange of Notes changed with the 2007 and 2010 judgments of the International Court of
Justice, and there is a contradiction between the “master image” of 1991 constitutionalized in Article 101
and the text of the Exchange of Notes. There is a direct contradiction between the two ICJ judgments and
the Exchange of Notes. The Exchange of Notes states that the western border of the archipelago is
Meridian 82, while the judgments state that (i) this is not a maritime border (2007 judgment) and (ii) the
border is another (2010 judgment).
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……..
In effect, although the borders of Colombia with other States cannot be
altered by a judicial decision rendered by the International Court of
Justice, which does not represent the people of Colombia, or constitutes
an expression of self-determination of the Colombians, nor is it one of the
means set forth in Article 101 for fixing or modifying the borders of
Colombia, while the challenged articles permit this to occur.
……..
After the judgment was delivered by the International Court of Justice
modifying the borders of Colombia, the Pact of Bogota does not provide
any mechanism for resolving the situation created by the change of limits
between states. It does not permit the states, for example, to sign a treaty
to resolve their differences after a judgment.
Article L provides for the judgment of the International Court of Justice
to be automatically executed……
……..
The borders of Colombia and its rights over maritime areas may only be
modified through a treaty. They cannot be modified through any other
means. However, the challenged articles permit to do this through a
judgment of the International Court of Justice. Therefore, they are
inapplicable because they permit what the Constitution prohibits.
…….
4. After a judgment is rendered by the International Court of
Justice, the states have decided to resolve their differences
through international treaties.
In accordance with public international law, states have the freedom to
negotiate the execution of a judgment rendered by the International
Court of Justice (hereinafter “ICJ” in this section of the complaint) in a
contentious case. As recognized by the jurisprudence of the ICJ, such
negotiations are not legally restricted by the rulings contained in the
judgment because the litigating parties have the freedom to agree on a
solution to their dispute that is different from that postulated by the ICJ.
In effect, in the context of the application for review of the judgment in
the case concerning the continental shelf between Tunisia and Libya, the
ICJ ruled that the States can “still reach mutual agreement upon a
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delimitation that does not correspond to that decision [of the ICJ].2 By
virtue thereof, important jurists hold that the res judicata of an ICJ
judgment “is a contractual relationship between the two countries”,3 thus
the States can sign treaties to establish new contractual relationships
that do not correspond to the judgment. As will be seen further below,
the practice of the States in the execution of the judgments of the ICJ in
contentious cases supports this conclusion.
However, beyond being a mere power available to the States, there are
cases where the signing of a treaty or the commencement of negotiations
between the parties are necessary mechanisms to execute or enforce a
judgment of the ICJ in a contentious case. In relation to the delimitation
of the maritime and land borders between States, this has occurred in
two types of cases.
A first type of cases are those in which the parties do not ask the ICJ to
define the border between the States, but simply request that it indicate
the applicable principles and rules for such delimitation. In these cases,
it is evident that the parties should resort to negotiations after a
judgment to agree on how to execute it, following the principles and rules
indicated by the ICJ. This was the case in the judgments concerning the
continental shelf in the North Sea between Germany and Denmark and
Germany and The Netherlands (rendered in 1969),4 as well as in the
judgments concerning the delimitation of the continental shelf between
Tunisia and Libya—rendered in 1982—and between Libya and Malta—
rendered in 1985. In all these cases, the parties subsequently had to sign
treaties to agree upon the delimitation of the border between the States.
Therefore, Germany signed treaties with The Netherlands and Denmark
on 28 January 1971 to delimit their respective continental shelf, while
2 (footnote 26) Application for Review and Interpretation of the Judgment of 24 February
1982 in the Case concerning the Continental Shelf (Tunisia/Libyan Arab Jamahiriya),
Judgment, I.C.J. Reports 1985, p. 192, paragraph 48: “[...] While the Parties requested
the Court to indicate “what principles and rules of international law may be applied for
the delimitation of the area of the continental shelf”, they may of course still reach
mutual agreement upon a delimitation that does not correspond to that decision.
Nevertheless, it must be understood that in such circumstances their accord will
constitute an instrument superseding their Special Agreement. What should be
emphasized is that, failing such mutual agreement, the terms of the Court’s Judgment
are definitive and binding. In any event moreover, they stand, not as something
proposed to the Parties by the Court, but as something established by the Court.”
3 (footnote 27) Shabai Rosenne, The Law and Practice of the International Court, 1920-2005, (Martinus
Nijhoff, fourth edition, 2006), p. 1606.
4 (footnote 28) North Sea Continental Shelf Cases (Germany v. Denmark) (Germany v. The Netherlands)
by their names in English. Judgment, I.C.J. Reports 1969.
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Tunisia and Libya did the same on 8 August 1988, and Libya and Malta
on 10 November 1986.
A second type of cases are those in which the ICJ has defined the precise
border between the parties in a contentious case, but the execution of
such judgment has required in any case the signing of treaties or other
types of interstate agreements. As will be seen further below, the signing
of treaties or another type of agreement to execute an ICJ judgment that
defines borders is necessary when practical implementation difficulties
persist notwithstanding the judgment, and it is a common practice when
other interests of the States are affected by the judgment, usually
referring to the well-being of its citizens and respect for their rights.
For the purposes of this complaint, it is relevant to refer to four specific
cases in which the ICJ defined an international border and the litigating
parties subsequently signed treaties or another type of agreement
without which the respective judgment of the ICJ would have been
difficult or impossible to execute.
In first place, in the case of the Arbitral Award made by the King of Spain
on 23 December 1906 regarding the determination of the frontier
between Honduras and Nicaragua—rendered in 1960—the ICJ ruled that
the arbitral award was valid, whereby a territory in dispute between both
States had been attributed to Honduras. Although the judgment
sustained that the award was valid and therefore resolved the border
dispute between both States, its execution faced serious practical
difficulties because it implied the demarcation of the borders, the
withdrawal of the Nicaraguan authorities from a territory that had been
occupied for several decades, and difficulties for the inhabitants of the
territory in question who did not want to be subject to the jurisdiction of
Honduras and whose private property rights in the area could be
compromised by the change of sovereignty. By reason of these
difficulties, Nicaragua requested the assistance of the Inter-American
Peace Committee to resolve the practical difficulties arising from the
execution of the ICJ judgment. On 12 March 1961, both States accepted
the basis of arrangement proposed by the Committee and based on it a
gradual process advanced that led to the execution of the ICJ judgment.
Although the parties in this case did not sign a treaty as such, the
precedent is relevant to show that whenever the execution of an ICJ
judgment implies difficulties, the litigating States can reach a new
agreement that allows them to define how and on what terms the
judgment will be executed.
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In second place, in the case concerning the Land, Island and Maritime
Frontier Dispute between El Salvador and Honduras, rendered in 1992,
the parties affected by the judgment later signed a treaty. In this case,
both parties submitted to the decision of the ICJ the precise delimitation
of their maritime, island and land frontiers in the areas where they had
not been able to reach a bilateral agreement. In its judgment, the ICJ
attributed part of the territory in dispute to El Salvador and another to
Honduras. However, after the judgment was rendered by the ICJ,
difficulties persisted in two aspects. Firstly, some problems referred to
the demarcation of the frontier and, secondly, serious questions arose
regarding the rights of the citizens of both States which by reason of the
change of frontiers were now subject to the jurisdiction of a State other
than their own. As a result of these pitfalls, both States signed two
treaties on 19 January 1998. The object of the first was an agreement to
implement the border delimitation program, and the second was an
agreement to regulate the nationality and rights acquired by the
populations affected by the change of frontier.
A third relevant example is the case concerning the Territorial Dispute
between Libya and Chad rendered in 1994. In this case, the ICJ ruled
that the area in dispute between both States and currently occupied by
Libya corresponded to the territory of Chad, and defined the existing
frontier between both States. However, serious difficulties in the
execution of the judgment led the parties to sign a treaty on 4 April 1994.
This treaty defined, among other things, the rules for the withdrawal of
Libya’s civil authorities and military forces from the territory attributed
to Chad, the removal of anti-personal mines from the territory, the
definition of crossing points for people and properties along the frontier,
the joint monitoring of the frontier and the demarcation of the same. It is
obvious that the ICJ judgment did not address many relevant and
important matters to protect the rights of the inhabitants of Libya and
Chad, so it was necessary to sign a treaty to resolve those issues, instead
of automatically executing the judgment without assessing the situation
of the inhabitants in the area affected by the judgment.
Finally, reference should be made to the case concerning the Maritime
Delimitation in the Area between Greenland and Jan Mayen (Norway v.
Denmark) decided by the ICJ in 1993. In this case, a unilateral
application was brought before the ICJ by one of the parties in the
dispute, in which Denmark requested the ICJ to recognize its claims with
respect to the extension of its exclusive fishery zone and continental shelf
and to draw a single line of delimitation between both States. In this
respect, the judgment is very similar to the judgment rendered in the
litigation between Nicaragua and Colombia as Nicaragua also unilaterally
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requested the ICJ to define the maritime border between both States. In
its 1993 judgment, the ICJ in effect defined the border between both
States in the dispute. Once the judgment was rendered, the parties
signed a treaty to regulate rights in the area affected by the judgment.
Subsequently, after regulating the rights in the area affected by the
judgment, Norway and Denmark signed a treaty wherein they agreed
upon the delimitation of the definitive maritime border.
In relation to this point, it is very important to note that although the
treaty between Norway and Denmark explicitly referred to the ICJ
judgment as the basis of the agreement, the coordinates of the border in
the final agreement did not match the coordinates indicated by the ICJ in
its judgment. However, none of the parties alleged non-compliance of the
judgment by reason of that change and neither did the ICJ find such
conduct to be a violation of the same. This shows, as already indicated,
that the res judicata of the ICJ judgments does not bind the parties in a
dispute in the event that they decide to a contractual solution different
from that set forth in the judgment of the ICJ.
Finally, it is important to allude to the case concerning the land and
maritime border between Cameroon and Nigeria decided in 2002. Here,
the Court adjudicated sovereignty over the peninsula in dispute (Bakassi)
to Cameroon and fixed the borders between both countries, even though
such peninsula formed part of the Nigerian territory in the Constitution
of that State. Moreover, the execution of the judgment gave rise to great
difficulties because it was necessary to dismantle an administrative
system and replace it with another and because the change of
sovereignty over the population in the peninsula created huge political
and legal tensions and also affected the rights of the peninsula’s
inhabitants and their relatives. Although Nigeria rejected the judgment at
the beginning, the mediation of the United Nations made it possible for
both parties to initiate a gradual territory transfer process, which finally
concluded with the signing of a treaty on 12 June 2006. This treaty
contemplated the transfer of sovereignty over the territory, the total
withdrawal of Nigerian troops from the same, and created a special legal
regime for Nigerians who lived in the territory transferred to Cameroon in
order to protect their rights.
The foregoing cases are cited to simply illustrate that it is possible to sign
treaties to address those matters that have been adjudged or are related
to the rulings set forth in the judgment of the ICJ. These cases show that
when the execution of an ICJ judgment, which has modified land or
maritime borders, presupposes legal and practical difficulties,
international law permits the litigating parties to reach an agreement for
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regulating their rights, protecting their citizens and demarcating their
borders under the form of an international treaty after a judgment is
rendered by the ICJ. Likewise, whenever a judgment has affected the
interests of the population and the exercise of the rights of the
inhabitants of the respective States, the parties in diverse continents,
instead of automatically executing the judgment, have reached an
agreement that has allowed them to safeguard the rights of their citizens
and to promote the interests of their nationals. In some cases, a treaty
has fixed limits different from those drawn by the ICJ, which is
acceptable under international law.
In conclusion, the provisions in Article 101 of the Constitution are
compatible with international law and practice. States can sign treaties
after a judgment is rendered by the ICJ without it being viewed as
ignorance of the international obligations of the respective countries. On
the contrary, treaties constitute, in accordance with international law, an
exercise of the sovereignty of each State to guarantee respect for the
rights of its inhabitants, regulate its relations and even fix borders
different from those set forth in the judgment.
5. The necessity to remove norms from the legal framework that
permit a judgment to modify the borders of Colombia with
other States.
…….
The Court is requested to declare inapplicable the challenged norms
because they violate Articles 3, 9 and 101 of the Political Constitution.
This request is based on the fact that the challenged norms are
unconstitutional in the abstract. The references to the judgments of the
International Court of Justice only seek to illustrate that what the text of
the challenged norms says and permits has had an interpretation with
clear, precise and very serious legal effects for Colombia.
This petition is filed with full knowledge that the Pact of Bogota is a
multilateral treaty in force and that the Constitution states that in the
event any treaty contravenes the Constitution, the State must formulate
the respective reservation.
……..
Since the Pact of Bogota was already ratified by Colombia several
decades ago, it is not possible to apply the rule according to which “the
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President of the Republic may only express his consent by formulating the
respective reservation.” This rule is not applicable simply because it
regulates a different situation, i.e. previous constitutional control.
The foregoing does not prevent the Constitutional Court from declaring
the challenged norms unconstitutional. One thing is the procedure to
follow after a judgment of inapplicability and another very different is the
exercise of the competence of the Constitutional Court as guardian of the
supremacy of the Constitution. This competence can be fully exercised. It
will correspond to the Executive to resort to the diplomatic channels to
execute the judgment of the Constitutional Court.
However, if the Constitutional Court decides that the declaration of
inapplicability should immediately produce internal effects for the
national organs, it should indicate this. In this order of ideas, it is
respectfully suggested to the Court that in addition to declaring the
inapplicability of the challenged norms to precisely set forth the effects of
its judgment, warning that if a judgment of the International Court of
Justice affects the territorial or maritime borders recognized by the
Constitution by virtue of the treaties in force, a new treaty should be
signed, which must be approved by a legislative law modifying Article
101 of the Constitution.
6. NOTIFICATIONS
I will receive notifications at Carrera 8 No. 7-26, Palacio de Nariño.
Respectfully,
JUAN MANUEL SANTOS
C.C. 19123402
CONSTITUTIONAL COURT
SECRETARY GENERAL
Santa Fe de Bogota, D.C. 12 Sept. 13
The foregoing (illegible) was personally filed by Juan
Manuel Santos, who identified himself with C.C. No.
1912.3402 issued in /s/Illegible 39.
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Republic of Colombia, Constitutional Court, File D-9852
AC- Sentence C-269/14
2 May 2014
235
236
Republic of Colombia Constitutional Court
Presidency
FILE D-9852 AC - SENTENCE C-269/14 (May 2, 2014) M.P. Mauricio
González Cuervo
1. Charges and Interventions
1.1. The Constitutional Court accumulated claims of unconstitutionality
introduced by the citizen Juan Manuel Santos Calderon – President of the
Republic – (D 9907), the citizens Juan Carlos Moncada Zapata, Jessica Alejandra
Mancipe Gonzalez and Carlos Eduardo Borrero Gonzalez (D 9852), as well as by
the citizen Oscar Fernando Vanegas Avila (D 9886), against the provisions set
forth in Law 37 of 1961, which approved the American Treaty of Pacific
Settlement or Bogota Pact.
1.2. The following were invited to contribute with interventions or opposition to
the claims: National Government authorities, former presidents of the Republic,
the President of Congress of the Republic, civil society authorities and
organizations from the San Andres, Providencia and Santa Catalina Archipelago,
academic authorities and institutions, international law experts and former
ministers of foreign affairs of Colombia. Numerous documents received from
invitees and citizens in the exercise of their right to participation, as well as the
concept of rigor of the Prosecutor General of the Nation.
2. Legal-Constitutional Issues
2.1. Infringement of Article 101 of the Constitution, which sets forth that
modification of the limits of Colombia can only take place through international
treaties, with the approval of Congress of the Republic and ratification by the
President of the Republic, by Law 37 of 1961 of the American Treaty of Pacific
Settlement or Bogota Pact, specifically: (i) Article XXXI, by which the State of
Colombia acknowledges the jurisdiction of the International Court of Justice to
decide legal controversies over international law issues – among them, limits –
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with any other American State Party; and (ii) Article L, that in view of noncompliance
of obligations imposed in sentences of the International Court of
Justice, it foresees a regional advisory mechanism integrated by ministers of
foreign affairs to agree on the implementation measures of legal decisions –
among these, execution of rulings on limits.
2.2. Lack of acknowledgement of Articles 59T of the Constitution –prohibition
of judgment of actions of the 1991 ANC-, Articles 2, 3, 79, 329 and 330 of the
Constitution –consecrating rights to general participation and for ethnic
communities-, Articles 9, 226 and 189 of the Constitution, by Article XXXI to
Law 37 of 1968, approving the American Treaty of Pacific Settlement or
Bogota Pact – Facto of Bogota -, through which the State Parties recognize the
jurisdiction of the International Court of Justice to define controversies over
international law issues – including boundary issues-.
3. Lawful Competency
3.1. The Constitutional Court is competent to hear the claims of
unconstitutionality introduced against the rules of the 1961 Law 37, by which
the American Treaty of Pacific Settlement or Bogota Pact or Facto de Bogota,
an international instrument ratified on October 14, 1968 and matter of claim on
November 27, 2012.
3.2. The grounds of jurisdiction to examine laws approving executed treaties,
complained through pleadings in the exercise of public action for
unconstitutionality, are: (i) the general clause on competency for constitutional
control of laws, inclusive of those that approve treaties, - Constitution, Article
241.4-; (ii) the existing legal precedent, applied in case-law C/027 of 1993, and
the 1998 C/400 of this Court, ratifying the power to examine treaties executed by
the Government of Colombia, in view of the principle of Constitutional
Supremacy and to safeguard its integrity and prevalence –Constitution, Articles 4
and 241-.
3.3. Legal control is also constitutionally admissible to decide legal actions
against laws approving public treaties reported by the National Government, after
termination of the corresponding international commitment, inasmuch as they are
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producing or may produce legal effects for the Colombian State that may be
incompatible with the Constitution.
3.4. The Facto de Bogotá was reported on November 2012; consequently, it
currently does not commit Colombia. However, pursuant to its Article XXXI, the
court delivered decisions that affect the status of the international limits of the
Republic for implementation of the mechanisms foreseen in its Article L could be
activated. Faced with such situation, the Court will review the legal provisions
being challenged, as it would do in relation to a revoked provision that continues
to produce legal effects that are virtually contrary to the Constitution.
4. The Strain between Clauses in International Treaties and
Constitutional Provisions in Case Law and Constitutional History
4.1. The Supreme Court of Justice, in its time (1910-1991), developed
important jurisprudential outlines based on the absolute incompetence to
implement legal control of the treaties and laws that approve them, passing
through the jurisdiction to exercise formal control of the approval of laws, to the
point of the thesis for material control of treaties due to incompatibility with
substantive precepts of the Constitution, as long as they are not executed.
There were dissenting votes by Justices that deemed appropriate the
constitutional examination of executed treaties for effective preeminence of the
constitutional rules over clauses in international treaties –prevalence of national
law-, confronting the initially majority thesis over the abstention for control of
international rules –prevalence of international law-; finally, during the
seventies and eighties decades, the intermediate theses asserted for timeless
formal control and for material control prior to execution of the international
commitment, in an attempt to ponder the principles under strain.
4.2. The National Constituent Assembly of 1991 devised a concurrent formation
process for international consent of the State based on the initiative by the
President of the Republic to execute treaties with other States or international
organizations, as director of foreign affairs, in the authority of Congress for their
approval, as representative of the sovereign power of the People, and in the
review of the constitutionality of the same by the Constitutional Court, as
guardian of the supremacy of the Constitution.
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4.3. Constitutional control of international treaties was designed in the
Fundamental Charter –Article 241.10-, with the following characteristics: (1)
automatic –no need for citizen claims-; (ii) comprehensive –over the entirety of
the treaty in regard to the constitutional rules-; (iii) preceding –prior to the
execution of the instrument already approved by Congress and ratified by the
Executive-; (iv) final – without admitting new revisions of it, neither by claim or
request (ex officio)-. With the imposition of legal control over all treaties prior to
their ratification or adhesion, i.e. before the international obligation arises for the
State, the Constituent wanted to avoid conflicts between the clauses of the
international agreement and the constitutional principles, making it impossible
for Colombia to join a treaty that is contrary to the Fundamental Charter. Thus,
the preventive function of the “prior” constitutional control manages to reaffirm
the supremacy of the Constitution, and simultaneously, the legal security in
Colombia’s international relations.
4.4. The Constitutional Court has implemented control over international treaties
approved but not executed since February 17, 1992, pursuant to Article 241.10 of
the Constitution. In addition to ordinary revisions, it took up the prior and
preventive constitutional control of treaties in atypical or special situations,
consolidating other relevant case-law decisions, namely: (i) control of treaties
approved by a single house under the terms of Provisional Article 58 of the
Constitution; (ii) revision of international instruments that having to be processed
as solemn treaties, that is, submitted for approval by Congress, announced as
agreements of simplified procedure; (iv) control of treaties approved during
enforcement of the previous Constitution and not executed; (v) strict judgment of
clauses for provisional application of TI -224 CP- to prevent uncontrolled
enforcement of rules that are contrary to the CP –constitutional circumvention-.
All of the above, with the constituent idea of preventing the emergence of
international obligations that will problematize their compliance due to their
contradiction with some constitutional provision-
The Control of Executed International Treaties and the Legal Strain
between Conventional Clause –International- and Constitutional Rule –
Internal-
5.1. Unlike ratified international instruments – or adhered or accepted – under the
current Constitution, binding treaties and the laws that approved them before
1991, were not and could not be the object of prior control for constitutionality.
For such reason, a regulatory conflict is possible between an international clause
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in a treaty executed by the State and a constitutional provision in force. Such is
the case stated by the plaintiffs, between some stipulations of the American Treaty
of Pacific Settlement or Bogota Pact -Article XXXI and others- and the principles
of the Political Constitution –Article 101, among others-.
5.2. The absence of explicit constitutional regulation in regard to the control of
executed international treaties led to jurisprudential developments over the
manner or way of making conventional international regulations compatible with
constitutional law. Initially, (i) the Constitutional Court declared its competence to
hear treaties executed by ratification procedure –C027 of 1992 over the
Concordat-; in addition, it declared the unconstitutionality of rules claimed
because they contravene constitutional precepts, beseeching the notion of
'manifest infringement of the jurisdiction rule of domestic law' to base its
attribution. Afterwards, (ii) the Court –C 276 of 1993- resumed the traditional
thesis of inhibition in view of executed treaties, not admitting the possibility that
the Colombian State could examine such international treaties. In the first
decision, the strain was resolved by recognizing prevalence to national law; in the
second, granting preference to the application of the international treaty. Finally,
in the revision of constitutionality by the Court –no longer afterwards but rather
prior to- Law 406 of 1997, which approved the Vienna Convention on the Law of
Treaties 1986 C-400 1998 -, referred to the competence to decide substantive
constitutional challenges of executed treaties, and in its time, highlighted the need
to fulfill the international commitments validly undertaken by Colombia.
6. Harmonization of the Principle of Supremacy of the Constitution -
Domestic-Law and the Principle Pacta Sunt Servanda -International Law
6.1. From the spirit of the 1991 Constituent, from the legal tradition of Colombia
in its respect for international law, and specifically, from the consecration of the
types of principles in tension in the Political Constitution itself – supremacy of the
Charter, on the one hand, and binding force of the treaties and good faith on the
other-, this Court derives the duty to harmonize these through compatibility of
their mandates inasmuch as possible.
6.2. Among others, the Constitution of Colombia uplifts to the category of
“Fundamental Principles”, those that are basis to the State’s foreign relations:
“acknowledgement of the principles of international law accepted by
Colombia”. Thus, public authorities, whether legislative, executive or legal,
must guard their actions in observance of certain principles that govern the
international legal system and relations among states, under the condition of
having been accepted by Colombia. What are such principles? In general,
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acceptance of the legal equality of the states, self-determination of peoples and
non-intervention, the duty of political solutions to conflicts and abstention from
the use of force, among others, and duly, the principle of pacta sunt servanda or
binding treaties, validly executed, and the principle of bona fides or the duty of
good faith in compliance of the international obligations assumed. In regard to
the acceptance by Colombia of such international principles –condition for the
acknowledgement of its regulatory force-, it is enough to add that the Colombian
State is party to the international treaties of the Law of Treaties – Vienna
Convention I and II of 1996 and 1986, respectively-.
6.3. The principle of supremacy of the Constitution enjoys constitutional
entrenchment – Article 4 -: “The Constitution is the supreme law. In all cases of
incompatibility between the Constitution and the law or any other legal
regulation, the constitutional provisions will apply”. Among us, such
consecration comes from the concept of popular sovereignty, from which
emanates public power, and mainly, constituent power. By virtue of such
principle, the national legal system should not contain legal rules to the contrary,
and the Constitutional Court must safeguard the application of such prevalence
as guardian of the “integrity and supremacy of the Constitution –Article 214-.
Starting with this mandate, the Constitutional Court considered that even the
laws that approve international treaties, as well as the treaties already executed,
could be declared as unenforceable if they contradict constitutional provisions;
and this is how the jurisprudential precedent –C 400/98- declared it and
proceeded in ruling C-027 in 1993.
6.4. Thereby, both the principle of internal law of constitutional supremacy and
the international principles of the pacta sunt servanda and bona fide are
“fundamental principles” incorporated, as such, in Title I of the Political
Constitution under enforcement. And their constitutionality –and other- principles
of international law, implies acknowledgement of the binding force of the
international treaties to which Colombia is a party, and good faith in compliance
with the international obligations are a sovereign mandate of the Constituent. In
summary, the strain that may arise between constitutional rules and the
provisions of international treaties –is not, in principle, antagonistic or
irreconcilable, inasmuch as both are consecrated in the hierarchy of fundamental
principles of the constitutional system. The authorized interpreter of the
Constitution must try to harmonize these.
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6. Constitutional Article 101
6.1. The territory is an assumption of the existence of the State in that it stands (i)
on the material substratum on which the inhabitants materialize their vital interests,
(ii) in the space that determines the exercise of competencies by public authorities,
(iii) in the safeguarded scope of any external, non-authorized interference, and (iv)
in the frame that delimits the exercise of sovereignty.
6.2. The first paragraph of Article 101 sets forth a rule that identifies the general
status of the territory of the Colombian State when the 1991 Constitution was
enacted. It sets forth: “The limits of Colombia are set forth in the international
treaties approved by Congress, duly ratified by the President of the Republic, and
those defined by the arbitral awards to which the Nation is a party”. Accordingly,
by approving the 1991 Constitution, the general situation of the territory of the
Colombian State is determined as of the specific sources mentioned in it.
Consequently, in order to establish the rule of delimitation, it must be done so
only and exclusively on the basis of the treaties approved by Congress and ratified
by the President, or the arbitral awards to which the Nation is a party. So, this is a
rule that demands, for purposes of identification of the territorial dimension and
situation of the Colombian State in 1991, the above-cited sources as sole referral.
6.3. In view of the scope of the first paragraph, according to the Court, the
purpose of the second paragraph to Article 101 aims to regulate those events in
which the State intends to alter the general situation of the territory in force in
1991. The rule therein foreseen, applies when pretending (ii) to modify the limits
defined when the 1991 Constitution was approved in treaties or awards, and (iii)
to modify any other limit established in a treaty after 1991.
6.4. As a matter of fact, the purpose of the first paragraph to Article 101 is to
enunciate the general position of the limits in force at the time that the 1991
Constitution was approved. Any modification to that status of limits must be
performed pursuant to the rule set forth in the second paragraph to Article 101 of
the Charter.
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7. Accused Regulations: Article XXXI to the Law that Approved the Bogota
Pact and Remaining Provisions
7.1. The “American Treaty of Pacific Settlement (Bogota Pact)” is one of the
three core international instruments of the current Inter-American System –
together with the “Charter of the Organization of American States”, undersigned
in Bogota D.C., Republic of Colombia, on April 30, 1948, and the Inter-American
Treaty of Reciprocal Assistance”, adopted in Rio de Janeiro, Federal Republic of
Brazil, on September 2, 1947.
It is a principle of Ius Cogens or rule of the international imperative, no revocable
by the States of the world, the prohibition of “aggression” by one state against
another; and the principle of international law accepted by Colombia, the duty to
pacific solution of international conflicts and the prohibition of the use of force. In
the development of such universal postulates, the hemispheric community
conceived the Treaty in question, in line with the Charter of the United Nations.
7.2. Through the transcribed provision, the signatory States that became Parties
to the “American Treaty of Pacific Settlement (Bogota Pact)”, agreed to
immediately recognize the jurisdiction of the International Court of Justice to
settle the controversies that may arise among them relating to any issue of
international law; it is understood that among the issues of international law under
its jurisdiction, limit disputes are included.
7.3. Article “L” consecrates the applicable procedure in the event that a State fails
to perform the obligations incumbent upon it by a ruling of the International Court
of Justice or by an award of an Arbitral Court. Under such assumption, it
enshrines the obligation to promote a “Meeting of Consultation of the Ministers of
Foreign Affairs”, within the scope of the Inter-American System before resorting
to the United Nations Organization –Security Council-.
7.4. The rest of the rules claimed of Chapter IV over “Legal Proceeding” –
Articles XXXII to XXXVII -, are those relating to: (i) the right of the parties in
dispute to recur before the International Court of Justice due to lack a
compromise solution and in the absence of an arbitral agreement; (ii) to the
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authority of the ICJ to rule on its jurisdiction over the dispute; upon termination
of the dispute by declaration of incompetency of the ICJ, on the basis of Articles
V, VI and VII of the Treaty; (iv) to the obligation of the parties to submit to
arbitration in view of the declaration of incompetency of the ICJ for different
reason –binding arbitration-; (v) and other decision rules and procedure for it.
8. Response to Claim 1: Harmonization of Article XXXI of the Bogota Pact
and Article 101 of the Constitution
8.1. The constitutional duty to harmonize the conventional clauses claimed and
Article 101 of the Constitution arises as of: (i) the condition of the fundamental
constitutional principles, both of the pacta sunt servanda and from the obligation
of prevalent application of the Constitution; (ii) the reserve made by the
Colombian State to Article 27.1 to the 1986 Vienna Convention on the Law of
Treaties by order of the Constitutional Court, which allows compatibility of the
international principle with constitutional control of treaties in force, as decided in
Ruling C-400/98 and C-27/93 of this Court; (iii) and from the hermeneutical
principle, consolidated by court decisions, of optimization or targeted
harmonization of these inasmuch as possible.
8.2. The Constitutional Court reaffirms the validity of the clause demands of the
Bogota Pact approved by Law 37 of 1961, whose validity is unquestionable under
the principle of pacta sunt servanda during the time that the Treaty had
forcefulness for Colombia, especially when that judgment could not grant
retroactive effect to its adjudged provisions. Accordingly, the decisions proffered
by the International Court of Justice, based on the jurisdiction recognized by
Colombia through Article XXXI to the Pact cannot be unheeded, pursuant to
Article 94 of the United Nations Charter. Simultaneously, the authorities of the
Colombian State have the duty of enforcing international obligations assumed.
8.3. Therefore, the Court will declare the enforceability of Article XXXI to Law
37 of 1961, which approved the Bogota Pact, as recognition of the jurisdictional
authority accepted by the Colombian State since October 14, 1968 for legal
solution of disputes over international issues, in the understanding that the
decisions adopted by the International Court of Justice in relation to boundary
disputes, should be incorporated to the national legal system through a duly
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approved and ratified treaty under the terms of Article 101 of the Political
Constitution.
8.4. For illustrative purposes, it is pertinent to refer the decision in the Case
Concerning “Maritime Delimitation in the Area between Greenland and Jan
Mayen (Denmark v. Norway)” in 1993. The Kingdom of Denmark instituted
unilateral proceedings before the International Court of Justice requested
recognition of the extension of its "exclusive fishery zone and continental shelf”
by drawing a single line of maritime delimitation with the Kingdom of Norway."
In the decision of the case, the cited international court proceeded to set the
maritime border between the two States. Despite the above, after the ruling was
proffered, the Kingdom of Denmark and the Kingdom of Norway undersigned a
treaty to regulate the rights in the area affected by the order. Although the Treaty
expressly referred the decision of the international court in reference, the
coordinates of the maritime border between the two States set in such Treaty, they
did not coincide with the coordinates of the maritime border indicated by the
International Court of Justice. None of the cited States alleged incompliance of
the ruling nor deemed the action as a violation of the same.
9. Response to the Other Charges for Infringement of Articles 59T, 2, 3, 9, 79,
329, 330 of the Constitution
9.1. Article XXXI of the ATPS does not ignore the Constitutional Temporary
Article 59 given that this constitutional rule, by establishing the prohibition of
jurisdictional control of the Constitution, only encompasses the legal examination
that has the aptitude to directly expel or exclude constitutional rules of the legal
system.
9.2. Article XXXI of the ATPS (Bogota Pact) does not infringe Articles 2, 3, 79,
320 and 330 of the Constitution, given that the acknowledgement of jurisdiction
set forth therein does not preclude the right of citizens to participate in the
decisions that affect them, or from the right of ethnic communities to prior
consultation.
9.3. Article XXXI of the ATPS (Bogota Pact) does not preclude the principles of
sovereignty and self-determination set forth in Article 9 of the Charter, neither to
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its Article 189.6. Considering that the free assumption of a commitment by the
State is one of the most important manifestations of sovereignty and selfdetermination
in the international community, its infringement cannot be affirmed
when the State willingly decides to be bound by the provisions of a treaty.
9.4. Article XXXI to the ATPS (Bogota Pact) does not preclude the
constitutional obligation to develop the process of internationalization of
relations on the basis of convenience. The convenience judgment is a weak
judgment in that it must respect the margin of assessment available to the
political authorities to assess the usefulness or benefit of concluding a treaty.
With that in mind, when the instrument under examination is manifestly
inconvenient, this Court may declare its unconstitutionality. The establishment
of a hetero-compositional to pacifically settle diverse types of disputes with
other States cannot be judged in it inconvenient and it cannot be so due to the
results to which it leads. Accordingly, the recognition of such jurisdiction is not
manifestly useless or inconvenient evidence and therefore does not infringe
Article 226 of the Charter.
9.5. In regard to Article “L” to Law 37 of 1961, which approved the Bogota Pact,
it can be argued that it does not exclude or impose any mechanism, manner or
means for compliance of the decisions of the International Court of Justice. This
has the effect adoption of a measure that compels the Colombian State to act
against the Constitution is only a hypothetical matter, and does not emerge from
the regulatory content of Article L to the ATPS (Bogota Pact). So, the
consequences for a State may result in international law as an effect of not
following a court decision, do not unequivocally lead to a result contrary to the
Charter, given that the authorities have the power, authority or permission—under
international-law and the obligation- under domestic law- to use means,
mechanisms, forms or measures to comply with the rulings provided for in the
Constitution. Therefore, declares their compatibility with the Constitution.
9.6. The remaining demanded provisions presuppose the recognition of the clause
of jurisdiction by the states parties to the Bogota Pact in Article XXXI. Therefore,
the decision on the constitutionality of Articles XXXII to XXXVII will be the
meaning of constitutionality resolved in regard to the previous article, without
having to carry any conditions. Similarly, we proceed as required, to make use of
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the procedures set forth in the American Treaty on Pacific Settlement, and
specifically, of legal proceedings already seen - Article II of the Pact-, and of the
competence of the International Court of Justice to define whether the dispute is
referred to it concerns a matter of domestic jurisdiction of the states – Article V of
the Pact-.
10. Decision
In light of the foregoing, the Constitutional Court of the Republic of Colombia,
administering justice on behalf of the People and by mandate of the
Constitution,
Resolves:
First - To declare Article XXXI of Act 37 of 1961 CONSTITUTIONAL, "by
which the American Treaty on Pacific Settlement (Pact of Bogotá) is approved"
in the understanding that the decisions adopted by the International Court of
Justice concerning boundary disputes, should be incorporated into domestic law
by a treaty duly approved and ratified, in terms of Article 101 of the Political
Constitution.
Second – Declare as CONSTITUTIONAL Articles II (partial), V (partial),
XXXII to XXXVII, XXXVIII to XLIX and L to Act 37 of 1961 "for which the
American Treaty on Pacific Settlement (Pact of Bogotá) is approved."
LUIS ERNESTO VARGAS SILVA
President
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Annex 17
Diplomatic Note from the Minister of Foreign Affairs of
Nicaragua, to the Embassy of the United States of
America
13 September 2014
249
250
[logo]
REPUBLIC OF NICARAGUA
CENTRAL AMERICA
Ministry of Foreign Affairs
Note No. MRE/VM/DGAJST/456/9/2014
The Ministry of Foreign Affairs of the Government of Reconciliation and National Unity of the Republic of
Nicaragua, Office of Legal Affairs, Sovereignty, and Territory, sends its regards to the Embassy of the
United States of America and has the honor of referring to Diplomatic Note No. 122 of 11 April 2014.
With regard to the position maintained by the United States on the uses of the high seas preserved by
Article 58 of the Convention of the Law of the Sea with respect to the exclusive economic zone, among
which it cites military activities and specifically “military studies” and/or “military survey operations,” the
Republic of Nicaragua respectfully disagrees with some of these points.
In accordance with the Convention and customary international law, any activity carried out by a State
within the exclusive economic zone of another must be carried out exclusively for peaceful purposes and
with strict respect for the rights of the coastal state.
The United States has reported that the USNS Pathfinder is carrying out “military survey operations” and
that these “are separate and distinct from marine scientific research.” Nicaragua’s position is that any type
of activity aimed at gathering data on the marine environment and/or its resources, regardless of the
designation and purposes it may be given, either civil or military, must be authorized and regulated by
Nicaragua in the exercise of its sovereign rights over its exclusive economic zone, in accordance with the
provisions of international law.
In addition, on the official website of the United States Navy, it is announced that the type of ship in
question carries out “oceanographic programs, including performing acoustical, biological, physical, and
geophysical surveys.” Consequently, it emerges that in view of the functions and capacities of the USNS
Pathfinder, the nature of the activities carried out by this ship in the exclusive economic zone of Nicaragua
are directly connected to and cannot be distanced from marine scientific research. The present case
demonstrates the correctness and logic of the Nicaraguan interpretation of the rules of international law that
govern this matter and that do not allow a statement of purposes different from scientific work to exclude
conduct intrinsically connected with the purpose.
Nicaragua wishes to point out to the United States that the activities carried out by the USNS Pathfinder
affect the rights of Nicaragua as a coastal state, diminish the economic interests of the nation, and concern
matters of national security. Due to the foregoing, Nicaragua requests that the United States suspend all the
aforementioned activities and reiterates its willingness to issue the necessary permits once the application
has been studied and approved by the relevant authorities.
Nicaragua will continue to maintain its position on the abovementioned points and reiterates that the
continuation of the activities by the United States infringes on the sovereign rights of Nicaragua.
In addition, Nicaragua takes note of the fact that on all the occasions mentioned in the previous note, the
USNS Pathfinder was being accompanied by a ship from the Navy of the Republic of Colombia and that on
25 January 2014, the captain of the USNS Pathfinder stated by radio that the operations carried out had
been authorized by the Government of Colombia. More recently, on 20, 21, and 22 February and 23 April
2014, the USNS Pathfinder was again observed in the continuous company of the Navy of the Republic of
Colombia. The ships of the Colombian Navy have stated on different occasions that the American ship
[signature]
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251
[logo]
REPUBLIC OF NICARAGUA
CENTRAL AMERICA
Ministry of Foreign Affairs
Page 2
operates pursuant to Colombian permission. In this respect, Nicaragua reminds the United States that the
coordinates in which all the acts took place are in waters recognized as Nicaraguan by a judgment of the
International Court of Justice on 19 November 2012, and that those judgments [sic] are final and of a
binding nature.
The Ministry of Foreign Affairs of the Government of Reconciliation and National Unity of the Republic of
Nicaragua, Office of Legal Affairs, Sovereignty, and Territory takes this opportunity to reiterate its
expressions of consideration and respect to the Honorable Embassy of the United States of America.
[signature]
[illegible seal]
Managua, 13 September 2014
TO THE HONORABLE
EMBASSY OF THE UNITED STATES OF AMERICA
MANAGUA
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252
Annex 18
Diplomatic Note from the Minister of Foreign Affairs of
Nicaragua, to the Minister of Foreign Affairs of
Colombia
13 September 2014
253
254
Ministry of Foreign Affairs
Note No. MRENM-DGAJST/457/09/14
The Ministry of Foreign Affairs of the Government of National Reconciliation and Unity of the Republic of
Nicaragua, Directorate General of Legal Affairs Sovereignty and Territory compliments the Honorable Embassy
of the Republic of Colombia and has the honor of referring to numerous facts and incidents in which the Armada
of the Republic of Colombia has been involved that took place in the exclusive economic zone of Nicaragua
acknowledged by the ruling of November 19, 2012.
These incidents have taken place during numerous months after the referred ruling was issued, during which
Nicaragua exercised extreme caution in handling these, having instructed the Navy of the Nicaraguan Army to
avoid any confrontation. The caution deployed by the Nicaraguan Navy is evident in view of the facts illustrated
in the non-exhaustive list attached hereto.
Furthermore, and to avoid favoring political manipulation of this sensitive issue in view of the recent Colombian
national elections, Nicaragua also restrained from sending continuous diplomatic notes of protest at the time
that each event took place. Nonetheless, in view of the fact that these actions persist, which systematically
confirm a continuous threat of the use of force, directly affecting and consequently deterring and dissuading
many fishermen and investors in general, from exploiting and exploring the resources in the area. Nicaragua
deems that it is necessary to point out some of the many incidents in which the Armada of Colombia, among
others, has infringed the sovereign rights of Nicaragua by recurring to threats of the use of force.
Particularly, this listing reflects the continuous harassment by the Colombian Armada to the Nicaraguan naval
units and vessels with a fisheries license issued by Nicaragua; harassment carried out not only by Colombian
frigates but also by official Colombian aircraft. Specifically, Colombian frigates try to hinder fisheries activities in
the Nicaraguan exclusive economic zone and the exercise of jurisdictional activities by naval units of Nicaragua,
arguing that the Government of Colombia does not acknowledge nor apply the ruling of November 19, 2012 by
the International Court of Justice.
In the same manner, the frigates of the Armada of Colombia impose what they denominate the “comprehensive
contiguous zone” of the San Andres and Providencia Archipelago, which encroaches maritime spaces pertaining
to the exclusive economic zone of Nicaragua; to this end, the Armada of Colombia constantly recurs to threats of
the use of force against naval units of Nicaragua, which have consistently managed the incidents with caution
and opt to withdraw in order to avoid a major incident.
Nicaragua reminds Colombia that the rulings by the International Court of Justice are final and of unavoidable
compliance as of their date of issuance; thus, all of these events constitute serious violations that contravene
international law and customary international law, including the the obligation to abstain from the threat or use
of force, the obligation to not infringe maritime areas of Nicaragua, nor to encumber its enjoyment of its
sovereign rights nor authorize fishing or research activities in marine areas under Nicaraguan jurisdiction.
In this regard, the Ministry of Foreign Affairs of Nicaragua presents its strongest protest and calls on Colombia to
issue the corresponding instructions so that these events are not repeated.
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Ministry of Foreign Affairs
Note No. MRENM-DGAJST/457/09/14
Page/2
The Ministry of Foreign Affairs of the Government of National Reconciliation and Unity of the Republic of
Nicaragua, Directorate General of Legal Affairs Sovereignty and Territory, avails itself of the opportunity to
reiterate to the Honorable Embassy of the Republic of Colombia its utmost consideration.
Managua, September 13, 2014.
TO THE
HONORABLE
EMBASSY OF THE REPUBLIC OF COLOMBIA
MANAGUA
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NON-EXHAUSTIVE LIST OF INCIDENTS
10/13/2013 08:55 hours. The Commander of the GC-205 “Río Escondido,” Navy Lieutenant
Holvin Martínez, reported that he was located at 14˚50’00’’N - 081˚42’00’’W when the frigate
ARC “20 de Julio” called him on marine channel 16 and stated that our vessel was heading
toward Colombian waters at 3 M, to which Navy Lieutenant Martínez responded that he was
navigating in the jurisdictional waters of the State of Nicaragua.
10/19/2013 09:50 hours, Navy Lieutenant Holvin Martínez of the GC-205 “Río Escondido”
reports that 2 OV-10 Bronco airplanes of the FAC (Colombian Air Force) flew over them from
north to south in a hostile manner for 10 minutes. They also flew over the fishing boats
“Capitana,” flying the Honduran flag with a Nicaraguan fishing permit, and “Camerón,” which
flies the Nicaraguan flag. Coordinates 14˚36’00’’N - 081˚50’00’’W.
10/29/2013 15:00 hours, coast guard vessels GC-201 “Río Grande Matagalpa” and GC-205
“Río Escondido” were located at 14˚36’00’’N - 081˚55’00’’W and 14˚37’00’’N - 081˚58’00’’W
when a Colombian Air Force plane coming from the east flew over them in a hostile manner at
an altitude of approximately 200 feet.
10/30/2013 16:40 hours, the commander of the GC-201 “Río Grande Matagalpa,” Navy
Lieutenant Francisco Díaz, reports that he was located at 14˚36’00’’N - 081˚55’00’’W, when, at
16:40 hours, a Colombian Navy helicopter going from south to north and vice-versa flew over
him at a height of 200 feet. It flew over the GC 205 “Río Escondido,” at position Φ14˚37’00’’N -
ʎ-081˚58’00’’W, 60 M northeast of the Miskito Keys, in the same way.
10/31/2013 14:40 hours, the Commander of the GC-201 “Río Grande de Matagalpa,” Navy
Lieutenant Francisco Díaz, was at 14˚36’00’’N - 081˚55’00’’W when, at 09:00 hours, a
helicopter travelling from north to south flew over him in a hostile manner. He also reported
that at 10:00 hours, he noticed an unidentified Colombian frigate arriving 5 M Southeast of the
GC, where the helicopter landed.
11/07/2013, 11:17 hours, the Head of the Puerto Cabezas Naval Base reports that the Captain
of the fishing boat “Lady Dee II,” with a Nicaraguan flag, informed him that while he was at
14°50’00’’N - 081°53’00’’W, 58 M northeast of the Miskito Keys, the frigate ARC-53 “Antioquia”
pursued him and indicated that they were in Colombian waters. Given the situation, and with
great caution, the Commander of GC-401 established communication with the Colombian
frigate, explaining that the “Lady Dee II” fishing boat was fishing in waters within Nicaragua’s
jurisdiction.
11/17/2013 10:50 hours, Navy Lieutenant Mario Paramo, Commander of GC-205 “Rio
Escondido,” reports that, over marine channel 16, the captain of the Nicaraguan flag lobster
boat “Miss Sofía” advised him that he was at position 14°50’00’’N - 081°45’00’’W, NW of
Quitasueño, when the Commander of the frigate ARC “Almirante Padilla” (FM 51) ordered him
to withdraw from that position because he was in waters within Colombia’s jurisdiction. When
the Nicaraguan vessel refused, the frigate sent out a speed boat that harassed the “Mis Sofía.”
At 15:18 hours, while located at position 14°45’00’’N - 081°49’00’’W, he established
communication with the frigate, located 3 M away, and the latter advised him that they did not
recognize the ICJ judgment and that they would remain where they were.
11/19/2013, 9:50 hours, the GC – 201 “Río Grande de Matagalpa” reports that it is complying
with the patrol line at 14°35’00’’N - 081°55’00’’W, 48 M to the SW of the Miskito Keys, and that
a Colombian Navy aircraft flew over it.
11/21, 11/24/2013, the GC-201 “Río Grande de Matagalpa” reports that a Colombian Navy
helicopter flew over it from south to east and north to south at an altitude of approximately 200
feet. It was located at 15°00’00’’N - 081°44’00’’W.
11/25/2013 18:00 hours, the GC-201 “Río Grande de Matagalpa” reports that a Colombian
Navy helicopter flew over it three times in a hostile manner from north to south at an altitude of
approximately 200 feet at 14°50’00’’N - 081°37’00’’W.
01/2/2014 19:10 hours, the commander of the GC-403 “General José Santos Zelaya,” Navy
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Lieutenant Domingo Javier González López, reports that he was at 14°50’00’’N – 81°40’00’’W
when, at 18:20 hours, he was intercepted by radio by a Colombian warship located at
14°46’20’’N – 081°46’37’’W, which informed him that he was in Colombian waters and asked
him to report his intentions. The Commander of the GC-403, Navy Lieutenant Gonzales,
responded that he intended to navigate in waters within Nicaragua’s jurisdiction, to which the
frigate responded that the Colombian Government did not recognize the ICJ judgment. Navy
Lieutenant Gonzales replied to the effect that Nicaragua did recognize it and, consequently, he
was navigating in Nicaraguan jurisdictional waters.
The Colombian frigate again demanded that he clarify his intentions and stay out of Colombia’s
contiguous zone and territorial waters. The GC responded that Nicaragua respected
international maritime law and that it was in Nicaraguan waters, not Colombian waters. The
Colombian warship reiterated that it was in Colombia’s integral contiguous zone.
01/7/2014 08:30 hours, The Commander of the GC-401 “General José Dolores Estrada,” Navy
Lieutenant Jorge Gómez Prado, reports that there is a U.S. Navy corvette named the
“Pathfinder” (Oceanographic vessel) at 14°42’00’’N – 081°39’00’’W, 60 M NE of the Miskito
Keys, with which it established communication to inquire about the reasons for its presence
and whether it had the respective authorization for its activities in Nicaragua’s exclusive
economic zone. The “Pathfinder” answered that it was conducting routine military inspection
operations in international waters. In response, he stated that they were in Nicaraguan waters
and within Nicaragua’s exclusive economic zone, hence they could only exercise their right to
free navigation in our waters. The Colombian frigate intercepted the communication, stating
that the “Pathfinder” was authorized by the Colombian Government to conduct research in
Colombia’s exclusive economic zone and asked the GC-401 not to interfere with the
“Pathfinder’s” activities in those waters because they were Colombian waters.
01/25/2014 16:01 hours. The Commander of the BL-405 “Tayacán,” Navy Lieutenant García,
at φ14°55’00’’N – λ081°40’00’’W, 60 M NE of the Miskito Keys, reports that at 15:00 hours, he
detected an object on the radar at φ14°51’00’’N – λ081°46’00’’W, with which he initiated
communication, informing it that it was in Nicaraguan waters. The Captain of the vessel, which
identified itself as the “Pathfinder,” a scientific vessel flying the U.S. flag, indicated that they
were conducting research authorized by the Colombian government in the area. He hoisted
anchor and headed for San Andrés Island.
01/27/2014 09:50 hours. The BL - 405 “Tayacán,” located at 14°50’00’’N – 081°40’00’’W,
reports that while the lobster boat “Caribbean Star,” with a Nicaraguan fishing license, was
harassed and told to leave the area by the ARC frigate “Independiente” (FM-54) of the
Colombian Navy while it was fishing in Nicaraguan waters at latitude 14°47’00’’N and longitude
081°52’00’’W. The Colombian frigate informed the fishing boat that it was navigating in the Sea
Flower Biosphere Nature Reserve recognized by UNESCO and that it was fishing illegally with
a diver. Since the Colombian Government has not recognized the Hague Judgment,
Colombian Navy vessels would continue to exercise sovereignty and control in those waters.
Similarly, on that same day, the lobster boat “Al John,” with a Nicaraguan fishing license, was
harassed by the same frigate, located at φ14°26’00’’N – λ081°55’00’’W, while it was fishing at
latitude 14°44’00’’N and longitude 081°47’00’’W.
01/29/2014, 11:10 hours. The frigate ARC “Independiente” (FM-54), at approximately latitude
14°30’00’’N and longitude 081°50’00’’W, 57 nautical miles northeast of the Miskito Keys,
communicated with the Nicaraguan fishing boat “Snyder” and asked it to withdraw from
Colombian waters. The BL-405 “Tayacán” of the Nicaraguan Navy contacted the
aforementioned Colombian frigate and advised the crew members that they were in waters
under Nicaraguan jurisdiction, to which the crew members of the frigate “Independiente”
responded that the Colombian Government does not accept the International Court of Justice’s
Judgment.
02/1/2014 11:00 hours. The Commander of the Logistic Ship BL-405 “Tayacán,” Navy
Lieutenant Alejandro García, reported that he was at 14°35’00’’N - 081°46’00’’W, that when he
heard the conversation between the fishing boat “Maddox,” flying the Honduran flag with a
Nicaraguan fishing permit, and the frigate ARC “Independiente” (FM-54), located at latitude
14°44’00’’N and longitude 081°39’00’’W, which told it that it was in Colombian waters and that
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its government decided that the Hague Judgment was not applicable. It also informed it that
fishing with a diver was prohibited and that Colombian Navy vessels would continue to
exercise sovereignty over these waters. The fishing boat responded that it was fishing with a
trap.
At 11:35 hours on 02/1/2014, Navy Lieutenant García, Commander of the BL-405, contacted
the frigate ARC “Independiente” (FM-54), advising it that it was navigating in Nicaraguan
jurisdictional waters according to the Hague Judgment. The Colombian frigate responded that
it was in Colombian waters and that its government had established that the Hague Judgment
was not applicable, so Colombian Navy vessels would continue to exercise sovereignty over
these waters, and ordered it remain away from Colombia’s contiguous zone and territorial
waters.
02/2/2014 13:35 hours, The Commander of the BL-405 “Tayacán,” Navy Lieutenant Alejandro
García Bermúdez, reports that he was at 14°40’01’’N – 81°50’08’’W when he observed the
fishing boat “Dora María” along with frigate ARC “20 de Julio” at coordinates 14°44’00’’N –
81°39’00’’W. The BL-405 informed the frigate that it was in waters that had been returned by
the International Court of Justice. The Colombian frigate indicated that the Colombian State
had established that the Judgment was not applicable and they would continue to exercise
sovereignty over those waters, and asked to be informed of its intentions. Moreover, the
frigate indicated that it was proceeding to provide assistance to the fishing boat “Dora María.”
The frigate also asked the BL-405 to stay out of the Colombia’s contiguous zone and territorial
waters.
02/5/2014 11:30 hours. Navy Lieutenant García, Commander of the BL-405, reported that he
had had a conversation with the frigate ARC “20 de Julio,” which told him that he was in
Colombian waters. Navy Lieutenant García responded that he was navigating in Nicaraguan
waters. The frigate also asked the BL-405 and the 12 Nicaraguan vessels fishing in the area
of coordinates φ14°44’01’’N – λ081°39’08’’W to stay out of Colombia’s contiguous zone and
Colombian territorial waters,
The Colombian frigate took the same position with same position with the fishing boat flying
the Nicaraguan flag, “Nica Fish 4,” when it was fishing in the area.
02/6/2014 12:30 hours, the BL-405 “Tayacán,” at φ14°44’00’’N – λ081°49’00’’W, sighted, 3 M
to the north of its position, patrol boat ARC “20 de Julio” (PZE-46), which questioned fishing
boat “Nica Fish 4” by radio and advised it that it was fishing in Colombian waters.
02/13/2014 11:30 hours, the commander of the BL-405 “Tayacán,” Navy Lieutenant Holvín
Martínez, reported that he was at φ14°48’00’’N – λ081°36’00’’W and that 3 M NE he observed
the frigate “Almirante Padilla” (ARC-51), along with the fishing boat “Blu Sky,” flying the
Honduran flag and with a Colombian fishing permit. Crew from the Colombian frigate boarded
the fishing boat.
02/14/2014 11:30 hours, the BL-405, at φ14°56’00’’N – λ081°35’00’’W, contacted the captain
of the fishing boat the “Blu Sky,” Ezequiel González, a Honduras national, who indicated that
he was fishing there with Colombian authorization. The BL-405 responded that he was in
Nicaraguan waters.
02/20/14 14:20 hours, the commander of the BL-405 “Tayacán,” Navy Lieutenant Holvín
Martínez, reports that he is at 14°50’00’’N – 081°50’00’’W, 65 M NE of the Miskito Keys, and
that the frigate ARC “Almirante Padilla” (FM-51) is located 4 M to the SE of his position, and he
has sighted the U.S. vessel “Pathfinder” 1.8 M from his position, accompanied by the frigate.
02/21/2014, 06.20 hours, the Commander of the BL-405 “Tayacán,” Navy Lieutenant Holvín
Martínez, reports that he is at 14°49’00’’N – 081°49’00’’W, 65 M to the NE of the Miskito Keys,
and that the frigate ARC “Almirante Padilla” is 4 M SE of his position, along with the U.S.
vessel “Pathfinder,” which is 1.8 M from him.
02/22/2014. The frigate ARC “Almirante Padilla” (FM-51) continued to escort the U.S. vessel
“Pathfinder” all day; both remained in the area.
03/3/14 12:15 hours. The GC – 201 “Río Grande de Matagalpa”, at 14°47’00’’N –
Annex 18
259
082°42’00’’W, reports that it sees the frigate ARC-“Almirante Padilla” (FM-51) 10 M from its
position. Upon establishing communication, the Commander of the GC-201 advised the
Colombian frigate that it was in Nicaraguan waters, to which the Commander of the Colombian
frigate responded that they were in the waters of San Andrés and Providencia.
03/9 and 03/11/2014 15:30 – 14:57 hours. The GC – 201 “Río Grande de Matagalpa” and the
BL-405 “Tayacán,” at 14°39’00’’N – 081°46’00’’W and 14°53’00’’N - 081°40’04’’W,
respectively, reported that a Colombian Navy CN-235 twin-engine aircraft repeatedly flew over
them at an altitude of 500 feet.
03/12/2014 17:10 hours, the commander of the GC–201 “Río Grande de Matagalpa,” Navy
Lieutenant Domingo Javier González, reports that he was at 14°43’00’’N – 081°50’00’’W and
that a speed boat from the frigate ARC “20 de Julio” approached the fishing boat “Al John,”
located at 14°44’00’’N – 081°50’00’’W (PZE-46), flying the Nicaraguan flag, and ordered it to
leave the fishing area. Navy Lieutenant González of the GC-201 contacted the Commander of
the Colombian frigate, advising him that the vessel was operating in Nicaraguan waters. Given
the hostile attitude of the Colombian frigate and the speed boat, the GC-201 exercised caution
in handling the incident.
03/13/2014 12:00 hours. The GC-201 “Río Grande de Matagalpa” reports that it is at
14°43’00’’N – 081°45’00’’W and it observed the Colombian frigate ARC “20 de Julio” (PZE-46)
approaching the fishing boat “Marco Polo,” flying the Nicaraguan flag, and ordering it to leave
the fishing area because it was a protected area. Given the situation, the Commander of the
GC-201, Navy Lieutenant González, advised the captain of the fishing boat by radio that he did
not have to leave the location because he was in Nicaraguan waters. The GC-201 exercised
caution in handling the incident by trying to establish communication with the Colombian
frigate, but was unable to do so.
04/3/2014 09:30 hours. The Head of the Puerto Cabezas Naval Base, Navy Lieutenant Lenin
Amador, reports that he was contacted by the Captain of the fishing boat “Mister Jim,” flying
the Nicaraguan flag, which was at 14º44’00” N – 82º00’00 W, 50 M NE of the Miskito Keys,
and that 5 M east of its position was the Ocean Patrol Boat ARC “San Andrés” (PO-45) of the
Colombian Navy and 10 M north it observed an unidentified U.S. vessel, and that the
Colombian frigate advised the fishing boat “Mister Jim” by radio that it should not continue
lobster fishing and should withdraw from the area.
04/3/2014 12:30 hours, the commander of the GC-201 “Río Grande Matagalpa,” Navy
Lieutenant Mario Paramo Villalobos, reports that he was at 14º44’00” N – 82º00’00 W and that
he sighted, 10 M east of his location, the ARC “San Andrés” (PO-45) along with an unidentified
U.S. vessel.
04/15/14 15:47 hours. The Commander of the GC-403 “General José Santos Zelaya,” Navy
Lieutenant Francisco Javier Díaz Mendoza, reported that he was at 14º41’00” N 81º46’00” W,
60 M NE of the Miskito Keys, and that the frigate ARC “Caldas” was located 3 M SE of his
position, maintaining a constant presence. He also reported that at 17:50 hours a Colombian
CN-235 twin-engine aircraft flew over him at an altitude of 300 feet going from northeast to
west.
05/8/2014 08:05 hours. The Commander of the GC-201 “Río Grande de Matagalpa,” Navy
Lieutenant Jorge Gómez Prado, reported that he was at 14º38’00” N 81º48’00” W, 56 M NE of
the Miskito Keys, patrolling Nicaraguan waters, when the frigate ARC “20 de Julio” (PZE-46)
initiated communication with coast guard vessel GC-201, threatening to take action and that he
assume the consequences if the GC-201 came within 2 M, and asking it to change course.
The Colombian frigate also stated that it was in those waters to protect the Colombian State’s
historical fishing rights and to guarantee the safety of the vessels present in the area. The GC-
201 responded that it was in Nicaraguan jurisdictional waters, and cautiously advised that it
would not change course because it was not jeopardizing the safety of any of the vessels.
Neverthless, it decided to cautiously remove itself to position 14º56’00” N 81º42’00” W, 65 M
NE of the Miskito Keys, to avoid a major incident with the Colombian frigate.
07/28/2014 14:15 hours, the commander of the GC-403, “General José Santos Zelaya,” Navy
Lieutenant Mario Paramo Villalobo, at 14°22′00”N - 082°01′ 00” W, reports that while
Annex 18
260
performing a routine inspection of the vessel “Doña Emilia,” the Captain of that vessel, Lester
Alfredo Juárez, informed him that a few days before at φ=14°29′00”N; λ=081°53′00” W, a
Colombian Navy war frigate advised it by radio that it could not operate in that area, to which
the fishing boat responded that it was fishing in Nicaraguan waters.
Annex 18
261
262
Annex 19
Letter from Colombia to Secretary General of the
Organization of American States dated 27 November
2012 (GACIJ No.79357)
263
264
Annex 19
265
REPUBLIC OF CO LOMBIA
MINISTRY OF FOREIGN AFF AIRS
GACIJ No.79357
Bogotâ, NoH·mber 27, 2012
Excellency:
I have the honor to adclress Your Excellency pursuant to Article LVI of the American Treaty
on Pacifie Settlement in order to giYe notice to the General Secretariat of the Organization of
Alllerican States, which you head, as the successor to the Pan Alllerican Union, that t he Republic of
Colombia denounces as of toclay the "American Treaty on Pacifie Senlement," signecl on April 30,
1948, whose instmme!l! of ratification was clepositecl by Colombia on No,·ember 6, 1968.
The demmciation of the Alllerican Treaty on Pacifie Sertleme!l! shall be in effect as of toclay
with respect to procedures initiatecl after this notice, pursuant to the second paragraph of An i d e LVI,
which reacls: ''The demmcialion shail have no effect with respect 10 pending procedures iniliated
p11or to the transmission of the parlicular notification."
I would like to avail myself of this oppommity to conw y to Your Excellency renewecl
assurances of my highest consideration .
To the Honorable
José Miguel Insulza
Secretary General of the Organization of American States,
Washington, D.C.
Dll00455E0~
MARIA A,~GELA HOLGUIN CUELLAR
Minister of Foreign Aff airs
266
Annex 20
Letter from the President of the Nicaraguan Chamber of
Fisheries to the Executive Chair of the Nicaraguan
Institute of Fisheries
6 January 2014
267
268
CAPENIC Nicaraguan Chamber of Fisheries
Stamped Seal: INPESCA-Executive Chair
Date: 7/01/14 Hour: 9:00 a.m.
Signature: Maria Esmeralda – Received
Stamped Seal: Ministry of Foreign Affairs – RECEIVED Directorate General of Legal Affairs, Sovereignty and Territory
Date: 09/01/14 Hour: 10:00 a.m.
Signature: Illegible
Managua, January 06, 2014. P/FV/332
Mr. Steadman Fagoth Muller
Executive Chair
Nicaraguan Institute of Fisheries (INPESCA)
His Office
Dear Mr. Fagoth:
During the year 2013, several Nicaraguan flag fisheries vessels or that fish under the
protection of a Fisheries License issued by Nicaraguan fisheries authorities, have
undergone harassment and threats by personnel of the Colombian National Armada
while the fisheries vessels performed their fishing activities in the areas of the new
maritime zone that the International Court of Justice at The Hague acknowledged to
Nicaragua through the ruling of November 2012.
The captains and crewmembers of the Nicaraguan fisheries vessels identified below,
report to their vessel owners, who are in turn associates of this Chamber, that a Frigate
of the National Armada of Colombia approaches them at a distance of less than half a
nautical mile and through their radio communications, in a rather hostile and aggressive
manner, tells them that those are Colombian waters, that they cannot continue fishing in
that area and orders them to withdraw. The captains of the Nicaraguan vessels have
responded that those areas belong to Nicaragua by a ruling of the International Court of
Justice; but have tried to sidestep further discussions and have become blind eye to
avoid falling into the provocations of the Colombian Navy. Furthermore, on one
occasion, on October 19, 2013, two warplanes overflew the Nicaraguan vessel
―Capitana Camaron‖ in a gesture to frighten its crewmembers.
The Nicaraguan Chamber of Fisheries (CAPENIC for its Spanish acronym), as a
professional organization incorporated by Nicaraguan vessel owners and fisheries
companies, hereby report these events and ask the Government of Nicaragua to carry
out the pertinent diplomatic and legal actions to guarantee the right of the Nicaraguan
fishermen and vessel owners to work in the national maritime area, in a safe
environment for the crewmembers and the fishing transportation means and equipment.
NICARAGUAN CHAMBER OF FISHERIES
Annex 20
269
Details of the days, hours, coordinates and names of the Nicaraguan vessels that
reported being victims of these hostilities on several occasions during 2013, are as
follows:
We thank you in advance for your attention to this matter and for the urgent
steps in this regard.
Sincerely yours,
Illegible Signature
Engineer Francisco Vannini
President, CAPENIC
Stamped Seal: INPESCA - Executive Presidency
Date: 07/01/14 – Hour: 9:00 a.m.
Signature: Illegible – Maria Esmeralda - RECEIVED
CC: Ministry of Foreign Affairs
CAPENIC Members
DATE NAME OF VESSEL COORDINATES
NAVY SHIP OF
THE COLOMBIAN
ARMADA
MANNER OF
HARASSMENT
10:10 hrs.
19/10/2013
CAPITANA-CAMERON 14°36'00" — 081°50'00"
ARC
Independiente
(FM-54)
Overflight of 2 warplanes
OV -10
Bronco.
11:17 hrs. LADY DEE II 14°50'00" — 081°53'00"
ARC
Antioquia
(FM-54)
It harassed it by saying
they were in
Colombian waters
10:50 hours
17/11/2013 MISS SOFIA 14°50'00" — 081 °45'00' ARC Almirante
Padilla (FM-51)
That it should
withdraw because they
are jurisdictional
waters of Colombia.
The Frigate released a
speedboat that harasses
the Fishing Boat
Annex 20
270
Annex 21
Letter from the President of the Nicaraguan Chamber of
Fisheries to the Executive Chair of the Nicaraguan
Institute of Fisheries
1 July 2014
271
272
NICARAGUAN CHAMBER OF FISHERIES
CAPENIC
Nicaraguan Chamber of
Fisheries
Stamped Seal: INPESCA-Executive Chair
Date: 02/07/14 Hour: 9:35 a.m.
Signature: Maria Esmeralda - Received
Managua, July 1, 2014. P/FV/333
Mr. Steadman Fagoth Muller
Executive Chair
Nicaraguan Institute of Fisheries (INPESCA)
His Office
Dear Mr. Fagoth:
Thus far, during the course of the year 2014 to date, personnel of the
Colombian National Armada continued harassment and threats against several
Nicaraguan flag fisheries vessels or that fish under the protection of a Fisheries
License issued by Nicaraguan Fisheries Authorities while these fishing vessels
perform their fisheries activities in areas of the new national maritime zone that
the International Court of Justice of The Hague acknowledged to Nicaragua
through the ruling of November 2012.
According to reports of captains and crewmembers of the Nicaraguan fisheries
vessels identified below, they reported that a Frigate of the National Armada of
Colombia approached Nicaraguan vessels at a distance of less than half a
nautical mile and through their radio communications, always in a hostile and
aggressive manner, repeated that those are Colombian waters, that they cannot
continue fishing in that area and that they are ordered to withdraw. The captains
of the Nicaraguan vessels responded that those areas belong to Nicaragua by a
ruling of the International Court of Justice, trying to sidestep further discussions.
They also report they have not suffered warplane flights over the fishing boats;
even so, they consider that the threatening attitude continues and they fear that
at some point, they may be victims of a violent action or undue arrest.
The Nicaraguan Chamber of Fisheries (CAPENIC for its Spanish acronym), as
a professional organization incorporated by Nicaraguan vessel owners and
fisheries companies, hereby reiterate our concern over these reports and once
again, request that the Government of Nicaragua to implement the pertinent
diplomatic and legal actions to guarantee the right of the Nicaraguan fishermen
and vessel owners to work in the national maritime area with the necessary
safety for the crewmembers, the vessels and the fishing gear.
Annex 21
273
NICARAGUAN CHAMBER OF FISHERIES
CAPENIC
Nicaraguan Chamber of
Fisheries
These threats frighten Nicaraguan fishermen, who limit their movements
through those areas to the detriment of their economic interests and restrain
fisheries investments in that area.
Details of the days, hours, coordinates and names of the Nicaraguan vessels
that reported being victims of these hostilities thus far throughout the year 2014,
are as follows:
DATE NAME OF THE VESSEL COORDINATES NAVAL SHIP OF THE
COLOMBIAN ARMADA
MANNER OF
HARASSMENT
09:50 Hours
27/01/2014
CARIBBEAN STAR 14°47'00" — 081°52'00"
ARC Independiente
(FM-54)
Urged to withdraw from the
area and that it was not
allowed to fish with divers
09:50 Hours
29/01/2014 SNYDER 14°30'00" — 081°50'00"
ARC Independiente
(FM-54)
Urged to withdraw from
Colombian waters
11:30 Hours
05/02/2014 NICA FISH 14°44'00" — 081°39'00"
ARC "20 de Julio"
(PZE-46)
Urged to withdraw from
Colombian waters
17:00 Hours
12/03/2014 AL JOHN 14°44'00" — 081°50'00"
ARC "20 de Julio"
(PZE-46)
Ordered to abandon the
fishing area
12:00 Hours
13/03/2014 MARCO POLO 14°43'00" — 081°45'00'
ARC "20 de Julio"
(PZE-46)
Ordered to abandon the
fishing area as it is a
protected area
09:30 Hours
03/04/2014 MISTER JIM 14°44'00" — 082°00'00"
ARC “San Andres”
(PO-45)
Communicated by radio to
stop catching lobster and
to withdraw from the area
We thank you in advance for your attention to this matter and for the urgent steps in this
regard.
Sincerely yours,
Illegible Signature
Javier Sanchez
President, CAPENIC
Stamped Seal: Ministry of Foreign Affairs
Received:
Date: 03/07/14 – Hour: 10:00 a.m.
Signature: Illegible Signature
Stamped Seal: INPESCA-Executive Chair
Date: 02/07/14 Hour: 9:35 a.m.
Signature: Maria Esmeralda - Received
CC: Ministry of Foreign Affairs
CAPENIC Members
Annex 21
274
Annex 22
Letter from the President of the Nicaraguan Chamber of
Fisheries to the Executive Chair of the Nicaraguan
Institute of Fisheries
24 July 2014
275
276
NICARAGUAN CHAMBER OF FISHERIES
Managua, July 24, 2014.
P/JS/335
Mr. Steadman Fagoth Müller
Executive Chair
Nicaraguan Institute of Fisheries (INPESCA)
His Office.
Dear Mr. Fagoth:
I am writing to you in order to inform you of the latest harassment from the Colombian Armed
Forces to Nicaraguan fishing vessels which occurred on July 20 of 2014 in the sector known as
Luna Verde. The fisheries vessels by the name of “Miss Emilia”, “Pescasa 35”, “Marco Polo”,
“Miss Isabella”, “Lucky Five”, “Lucky Six” and “Mister Kerry” which fish under the protection of
a Fisheries License issued by Nicaraguan fisheries authorities, have undergone harassment and
threats by two areal means of the Colombian Air Force and one ship from the Colombian
National Armada, while they performed their fishing activities in areas that are part of
Nicaragua’s exclusive economic zones (Coordenates).
The captains and crewmembers of the Nicaraguan fisheries vessels previously identified,
reported to their vessel owners, who are in turn associates of this Chamber, that on July 20
they were over flown at low altitude and repeatedly by two aerial means from the Colombian
Air Force and furthermore challenged by radio communication from a naval mean which
identified itself as a ship from the Colombian National Armada. Through radio communication
and in a hostile tone it was demanded that the Nicaraguan fisheries vessels remove
themselves from the area because they could not continue to fish in Colombian waters.
Due to this harassment the captains of the Nicaraguan vessels opted to retire from the area in
which they were fishing.
The Nicaraguan Chamber of Fisheries (CAPENIC for its Spanish acronym), as a professional
organization incorporated by Nicaraguan vessel owners and fisheries companies allows itself
to report these facts and reiterates its request to the Government of Nicaragua to carry out
the pertinent diplomatic and legal actions to guarantee the right of the Nicaraguan fishermen
and vessel owners to work in the national maritime area, in a safe environment for the
crewmembers and the fishing transportation means and equipment. These acts of harassment
from the Military Forces of Colombia have generated an atmosphere of fear in the Nicaraguan
fishermen preventing them from performing their labor, thus generating serious economic
loss.
Annex 22
277
For this reason, our associates have decided, as far as possible, to fish in these maritime spaces
only when they operate nearby units from the Army’s Naval Force of Nicaragua, decision that
also affects economically.
DATE NAME OF
VESSEL
COORDINATES PLANES AND
NAVAL MEANS
MANNER OF
HARRASSMENT
20/07/2014
Miss Emilia
Pescasa-35
Marco Polo
Miss Isabella
Lucky Five-
Lucky Six
Mister Kerry
14°23’00”-081°56’00”
14°25’00”-081°53’00”
14°23’00”-081°59’00”
14°23’00”-081°58’00”
14°20’00”-081°58’00”
14°25’00”-081°58’00”
2 planes from
the Air Force of
Colombia and
one naval mean
from the
Colombian
Armada
Overflight of
2planes and
harassment by 1
ship from the
Colombian
Armada.
That it should
withdraw
because they
are jurisdictional
Colombian
waters
We thank you in advance for your attention to this matter and for the urgent steps in this
regard.
Sincerely yours,
Illegible Signature
Xavier Sanchez
President, CAPENIC
Cc: Ministry of Foreign Affairs
Cc: CAPENIC Members
Annex 22
278
Annex 23 A
Letter from the Nicaraguan Naval Force to the Ministry
of Foreign Affairs reporting on incidents with the
Colombian Navy in Nicaragua’s Exclusive Economic
Zone
26 August 2014
279
280
Nicaragua
2014
MAKING
a Homeland!
Ministry of Foreign Affairs
Managua, August 13, 2014
MRE/DGAJST/407/08/14
Rear Admiral
Marvín Corrales
Head of the Navy
His Office
Dear Rear Admiral Corrales:
I have the honor to address you in order to request that you kindly inform us of any incidents that may
have taken place between the Colombian Navy and the Nicaraguan Navy, as well as with Nicaraguan
fishermen in the zone that was returned by the International Court of Justice (ICJ) in its judgment of
November 19, 2012.
I take this opportunity to wish you my best regards,
[signature]
Cro. César Vega Masís
General Director of Legal, Sovereignty, and Territorial Affairs and Advisor to the Minister
[seal:] Ministry of Foreign Affairs – Republic of Nicaragua – Central America
– General Directorate of Legal, Sovereignty, and Territorial Affairs
[symbol]
FAMILY AND
COMMUNITY
IN VICTORY!
CHRISTIAN, SOCIALIST, SOLIDARY!
Ministry of Foreign Affairs
Former site of Cine González
1 block south of Bolivar Avenue/
Tel: 2244-8067-
Fax. 22448055
Annex 23 A
281
Gobierno de Reconciliaci6n
y Unidad Nacional
tèR. ~. P11.wU.,dr!
[illegible]
190814 16:04 hours
[illegible seal]
Annex 23 A
282
NICARAGUAN ARMY
HEADQUARTERS AND GENERAL STAFF – NAVY
“Colonel Abraham Rivera”
Managua, Nicaragua
August 26, 2014
J’FN-459-2014.
Deputy Minister of Foreign Affairs and General Director of Legal, Sovereignty, and Territorial Affairs
Ministry of Foreign Affairs
Dr. CESAR VEGA MASIS.
His office
Dear Dr. Vega:
In response to your official letter MRE/DGAJST/407/08/14 dated August 13, 2014, allow me to inform
you of some of the incidents that have occurred with the Navy of the Republic of Colombia (ARC)
within Nicaragua’s Exclusive Economic Zone in the Caribbean following the Judgment of the
International Court of Justice of November 19, 2012.
Attached is a report of the incidents that are reflected in the relevant daily graphic reports and certain
audio reports.
In this regard, I wish to point out the constant overflights of Colombian aircraft over our naval vessels
and fishing boats, and the permanent presence of the Colombian Navy, which has caused us, to the
extent possible, to try to ensure the peace and safety of fishermen with Nicaraguan licenses, who have
been disturbed and who have had to suspend their fishing activities on some occasions.
I should also inform you that based on the position of the Government of Nicaragua and the High
Command of the Nicaraguan Army, our Navy has conducted itself cautiously and in a nonconfrontational
manner, in order to avoid situations that would create tension in the area.
On that note, please accept my kind regards.
Sincerely,
Head of the Navy
Rear Admiral
[signature]
MARVIN ELÍAS CORRALES RODRÍGUEZ
cc: File
[seal:] NICARAGUAN ARMY – Republic of Nicaragua – Central America – Chief – Navy
[stamp:] Ministry of Foreign Affairs – RECEIVED – General Directorate of Legal, Sovereignty, and
Territorial Affairs – DATE: 8/27/14 TIME: 9:37 A.M. SIGNATURE [signature]
Annex 23 A
283
1
REPORT OF INCIDENTS WITH THE NAVY OF THE REPUBLIC OF COLOMBIA
IN NICARAGUA’S EXCLUSIVE ECONOMIC ZONE
10/13/2013 08:55 hours. The Commander of the GC-205 “Río Escondido,” Navy
Lieutenant Holvin Martínez, reported that he was located at 14˚50’00’’N -
081˚42’00’’W when the frigate ARC “20 de Julio” called him on marine channel 16
and stated that our vessel was heading toward Colombian waters at 3 M, to which
Navy Lieutenant Martínez responded that he was navigating in the jurisdictional
waters of the State of Nicaragua.
10/19/2013 09:50 hours, Navy Lieutenant Holvin Martínez of the GC-205 “Río
Escondido” reports that 2 OV-10 Bronco airplanes of the FAC (Colombian Air
Force) flew over them from north to south in a hostile manner for 10 minutes. They
also flew over the fishing boats “Capitana,” flying the Honduran flag with a
Nicaraguan fishing permit, and “Camerón,” which flies the Nicaraguan flag.
Coordinates 14˚36’00’’N - 081˚50’00’’W.
10/29/2013 15:00 hours, coast guard vessels GC-201 “Río Grande Matagalpa” and
GC-205 “Río Escondido” were located at 14˚36’00’’N - 081˚55’00’’W and
14˚37’00’’N - 081˚58’00’’W when a Colombian Air Force plane coming from the
east flew over them in a hostile manner at an altitude of approximately 200 feet.
10/30/2013 16:40 hours, the commander of the GC-201 “Río Grande Matagalpa,”
Navy Lieutenant Francisco Díaz, reports that he was located at 14˚36’00’’N -
081˚55’00’’W, when, at 16:40 hours, a Colombian Navy helicopter going from south
to north and vice-versa flew over him at a height of 200 feet. It flew over the GC
205 “Río Escondido,” at position Φ14˚37’00’’N - ʎ-081˚58’00’’W, 60 M northeast of
the Miskito Keys, in the same way.
10/31/2013 14:40 hours, the Commander of the GC-201 “Río Grande de
Matagalpa,” Navy Lieutenant Francisco Díaz, was at 14˚36’00’’N - 081˚55’00’’W
when, at 09:00 hours, a helicopter travelling from north to south flew over him in a
hostile manner. He also reported that at 10:00 hours, he noticed an unidentified
Colombian frigate arriving 5 M Southeast of the GC, where the helicopter landed.
11/07/2013, 11:17 hours, the Head of the Puerto Cabezas Naval Base reports that
the Captain of the fishing boat “Lady Dee II,” with a Nicaraguan flag, informed him
that while he was at 14°50’00’’N - 081°53’00’’W, 58 M northeast of the Miskito
Keys, the frigate ARC-53 “Antioquia” pursued him and indicated that they were in
Colombian waters. Given the situation, and with great caution, the Commander of
GC-401 established communication with the Colombian frigate, explaining that
Annex 23 A
284
2
the “Lady Dee II” fishing boat was fishing in waters within Nicaragua’s jurisdiction.
11/17/2013 10:50 hours, Navy Lieutenant Mario Paramo, Commander of GC-205
“Rio Escondido,” reports that, over marine channel 16, the captain of the
Nicaraguan flag lobster boat “Miss Sofía” advised him that he was at position
14°50’00’’N - 081°45’00’’W, NW of Quitasueño, when the Commander of the
frigate ARC “Almirante Padilla” (FM 51) ordered him to withdraw from that position
because he was in waters within Colombia’s jurisdiction. When the Nicaraguan
vessel refused, the frigate sent out a speed boat that harassed the “Mis Sofía.” At
15:18 hours, while located at position 14°45’00’’N - 081°49’00’’W, he established
communication with the frigate, located 3 M away, and the latter advised him that
they did not recognize the ICJ judgment and that they would remain where they
were.
11/19/2013, 9:50 hours, the GC – 201 “Río Grande de Matagalpa” reports that it is
complying with the patrol line at 14°35’00’’N - 081°55’00’’W, 48 M to the SW of the
Miskito Keys, and that a Colombian Navy aircraft flew over it.
11/21, 11/24/2013, the GC-201 “Río Grande de Matagalpa” reports that a
Colombian Navy helicopter flew over it from south to east and north to south at an
altitude of approximately 200 feet. It was located at 15°00’00’’N - 081°44’00’’W.
11/25/2013 18:00 hours, the GC-201 “Río Grande de Matagalpa” reports that a
Colombian Navy helicopter flew over it three times in a hostile manner from north
to south at an altitude of approximately 200 feet at 14°50’00’’N - 081°37’00’’W.
01/2/2014 19:10 hours, the commander of the GC-403 “General José Santos
Zelaya,” Navy Lieutenant Domingo Javier González López, reports that he was at
14°50’00’’N – 81°40’00’’W when, at 18:20 hours, he was intercepted by radio by a
Colombian warship located at 14°46’20’’N – 081°46’37’’W, which informed him that
he was in Colombian waters and asked him to report his intentions. The
Commander of the GC-403, Navy Lieutenant Gonzales, responded that he
intended to navigate in waters within Nicaragua’s jurisdiction, to which the frigate
responded that the Colombian Government did not recognize the ICJ judgment.
Navy Lieutenant Gonzales replied to the effect that Nicaragua did recognize it and,
consequently, he was navigating in Nicaraguan jurisdictional waters.
The Colombian frigate again demanded that he clarify his intentions and stay out of
Colombia’s contiguous zone and territorial waters. The GC responded that
Nicaragua respected international maritime law and that it was in Nicaraguan
waters, not Colombian waters. The Colombian warship reiterated that it was in
Colombia’s integral contiguous zone. (AUDIO ATTACHED).
01/7/2014 08:30 hours, The Commander of the GC-401 “General José Dolores
Estrada,” Navy Lieutenant Jorge Gómez Prado, reports that there is a U.S. Navy
corvette named the “Pathfinder” (Oceanographic vessel) at 14°42’00’’N –
081°39’00’’W, 60 M NE of the Miskito Keys, with which it established
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communication to inquire about the reasons for its presence and whether it had the
respective authorization for its activities in Nicaragua’s exclusive economic zone.
The “Pathfinder” answered that it was conducting routine military inspection
operations in international waters. In response, he stated that they were in
Nicaraguan waters and within Nicaragua’s exclusive economic zone, hence they
could only exercise their right to free navigation in our waters. The Colombian
frigate intercepted the communication, stating that the “Pathfinder” was authorized
by the Colombian Government to conduct research in Colombia’s exclusive
economic zone and asked the GC-401 not to interfere with the “Pathfinder’s”
activities in those waters because they were Colombian waters. (AUDIO
ATTACHED)
01/25/2014 16:01 hours. The Commander of the BL-405 “Tayacán,” Navy
Lieutenant García, at φ14°55’00’’N – λ081°40’00’’W, 60 M NE of the Miskito Keys,
reports that at 15:00 hours, he detected an object on the radar at φ14°51’00’’N –
λ081°46’00’’W, with which he initiated communication, informing it that it was in
Nicaraguan waters. The Captain of the vessel, which identified itself as the
“Pathfinder,” a scientific vessel flying the U.S. flag, indicated that they were
conducting research authorized by the Colombian government in the area. He
hoisted anchor and headed for San Andrés Island.
01/27/2014 09:50 hours. The BL - 405 “Tayacán,” located at 14°50’00’’N –
081°40’00’’W, reports that while the lobster boat “Caribbean Star,” with a
Nicaraguan fishing license, was harassed and told to leave the area by the ARC
frigate “Independiente” (FM-54) of the Colombian Navy while it was fishing in
Nicaraguan waters at latitude 14°47’00’’N and longitude 081°52’00’’W. The
Colombian frigate informed the fishing boat that it was navigating in the Sea Flower
Biosphere Nature Reserve recognized by UNESCO and that it was fishing illegally
with a diver. Since the Colombian Government has not recognized the Hague
Judgment, Colombian Navy vessels would continue to exercise sovereignty and
control in those waters. (AUDIO ATTACHED)
Similarly, on that same day, the lobster boat “Al John,” with a Nicaraguan fishing
license, was harassed by the same frigate, located at φ14°26’00’’N –
λ081°55’00’’W, while it was fishing at latitude 14°44’00’’N and longitude
081°47’00’’W.
01/29/2014, 11:10 hours. The frigate ARC “Independiente” (FM-54), at
approximately latitude 14°30’00’’N and longitude 081°50’00’’W, 57 nautical miles
northeast of the Miskito Keys, communicated with the Nicaraguan fishing boat
“Snyder” and asked it to withdraw from Colombian waters. The BL-405 “Tayacán”
of the Nicaraguan Navy contacted the aforementioned Colombian frigate and
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advised the crew members that they were in waters under Nicaraguan jurisdiction,
to which the crew members of the frigate “Independiente” responded that the
Colombian Government does not accept the International Court of Justice’s
Judgment.
02/1/2014 11:00 hours. The Commander of the Logistic Ship BL-405 “Tayacán,”
Navy Lieutenant Alejandro García, reported that he was at 14°35’00’’N -
081°46’00’’W, that when he heard the conversation between the fishing boat
“Maddox,” flying the Honduran flag with a Nicaraguan fishing permit, and the frigate
ARC “Independiente” (FM-54), located at latitude 14°44’00’’N and longitude
081°39’00’’W, which told it that it was in Colombian waters and that its government
decided that the Hague Judgment was not applicable. It also informed it that fishing
with a diver was prohibited and that Colombian Navy vessels would continue to
exercise sovereignty over these waters. The fishing boat responded that it was
fishing with a trap. (AUDIO ATTACHED)
At 11:35 hours on 02/1/2014, Navy Lieutenant García, Commander of the BL-405,
contacted the frigate ARC “Independiente” (FM-54), advising it that it was
navigating in Nicaraguan jurisdictional waters according to the Hague Judgment.
The Colombian frigate responded that it was in Colombian waters and that its
government had established that the Hague Judgment was not applicable, so
Colombian Navy vessels would continue to exercise sovereignty over these
waters, and ordered it remain away from Colombia’s contiguous zone and territorial
waters. (AUDIO ATTACHED)
02/2/2014 13:35 hours, The Commander of the BL-405 “Tayacán,” Navy
Lieutenant Alejandro García Bermúdez, reports that he was at 14°40’01’’N –
81°50’08’’W when he observed the fishing boat “Dora María” along with frigate
ARC “20 de Julio” at coordinates 14°44’00’’N – 81°39’00’’W. The BL-405 informed
the frigate that it was in waters that had been returned by the International Court of
Justice. The Colombian frigate indicated that the Colombian State had established
that the Judgment was not applicable and they would continue to exercise
sovereignty over those waters, and asked to be informed of its intentions.
Moreover, the frigate indicated that it was proceeding to provide assistance to the
fishing boat “Dora María.” The frigate also asked the BL-405 to stay out of the
Colombia’s contiguous zone and territorial waters. (AUDIO ATTACHED)
02/5/2014 11:30 hours. Navy Lieutenant García, Commander of the BL-405,
reported that he had had a conversation with the frigate ARC “20 de Julio,” which
told him that he was in Colombian waters. Navy Lieutenant García responded that
he was navigating in Nicaraguan waters. The frigate also asked the BL-405 and
the 12 Nicaraguan vessels fishing in the area of coordinates φ14°44’01’’N –
λ081°39’08’’W to stay out of Colombia’s contiguous zone and Colombian territorial
waters, (AUDIO ATTACHED)
The Colombian frigate took the same position with same position with the fishing
boat flying the Nicaraguan flag, “Nica Fish 4,” when it was fishing in the area.
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02/6/2014 12:30 hours, the BL-405 “Tayacán,” at φ14°44’00’’N – λ081°49’00’’W,
sighted, 3 M to the north of its position, patrol boat ARC “20 de Julio” (PZE-46),
which questioned fishing boat “Nica Fish 4” by radio and advised it that it was
fishing in Colombian waters.
02/13/2014 11:30 hours, the commander of the BL-405 “Tayacán,” Navy
Lieutenant Holvín Martínez, reported that he was at φ14°48’00’’N – λ081°36’00’’W
and that 3 M NE he observed the frigate “Almirante Padilla” (ARC-51), along with
the fishing boat “Blu Sky,” flying the Honduran flag and with a Colombian fishing
permit. Crew from the Colombian frigate boarded the fishing boat.
02/14/2014 11:30 hours, the BL-405, at φ14°56’00’’N – λ081°35’00’’W, contacted
the captain of the fishing boat the “Blu Sky,” Ezequiel González, a Honduras
national, who indicated that he was fishing there with Colombian authorization. The
BL-405 responded that he was in Nicaraguan waters.
02/20/14 14:20 hours, the commander of the BL-405 “Tayacán,” Navy Lieutenant
Holvín Martínez, reports that he is at 14°50’00’’N – 081°50’00’’W, 65 M NE of the
Miskito Keys, and that the frigate ARC “Almirante Padilla” (FM-51) is located 4 M to
the SE of his position, and he has sighted the U.S. vessel “Pathfinder” 1.8 M from
his position, accompanied by the frigate.
02/21/2014, 06.20 hours, the Commander of the BL-405 “Tayacán,” Navy
Lieutenant Holvín Martínez, reports that he is at 14°49’00’’N – 081°49’00’’W, 65 M
to the NE of the Miskito Keys, and that the frigate ARC “Almirante Padilla” is 4 M
SE of his position, along with the U.S. vessel “Pathfinder,” which is 1.8 M from him.
02/22/2014. The frigate ARC “Almirante Padilla” (FM-51) continued to escort the
U.S. vessel “Pathfinder” all day; both remained in the area.
03/3/14 12:15 hours. The GC – 201 “Río Grande de Matagalpa”, at 14°47’00’’N –
082°42’00’’W, reports that it sees the frigate ARC-“Almirante Padilla” (FM-51) 10 M
from its position. Upon establishing communication, the Commander of the GC-201
advised the Colombian frigate that it was in Nicaraguan waters, to which the
Commander of the Colombian frigate responded that they were in the waters of
San Andrés and Providencia.
03/9 and 03/11/2014 15:30 – 14:57 hours. The GC – 201 “Río Grande de
Matagalpa” and the BL-405 “Tayacán,” at 14°39’00’’N – 081°46’00’’W and
14°53’00’’N - 081°40’04’’W, respectively, reported that a Colombian Navy CN-235
twin-engine aircraft repeatedly flew over them at an altitude of 500 feet.
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03/12/2014 17:10 hours, the commander of the GC–201 “Río Grande de
Matagalpa,” Navy Lieutenant Domingo Javier González, reports that he was at
14°43’00’’N – 081°50’00’’W and that a speed boat from the frigate ARC “20 de
Julio” approached the fishing boat “Al John,” located at 14°44’00’’N – 081°50’00’’W
(PZE-46), flying the Nicaraguan flag, and ordered it to leave the fishing area. Navy
Lieutenant González of the GC-201 contacted the Commander of the Colombian
frigate, advising him that the vessel was operating in Nicaraguan waters. Given the
hostile attitude of the Colombian frigate and the speed boat, the GC-201 exercised
caution in handling the incident.
03/13/2014 12:00 hours. The GC-201 “Río Grande de Matagalpa” reports that it is
at 14°43’00’’N – 081°45’00’’W and it observed the Colombian frigate ARC “20 de
Julio” (PZE-46) approaching the fishing boat “Marco Polo,” flying the Nicaraguan
flag, and ordering it to leave the fishing area because it was a protected area.
Given the situation, the Commander of the GC-201, Navy Lieutenant González,
advised the captain of the fishing boat by radio that he did not have to leave the
location because he was in Nicaraguan waters. The GC-201 exercised caution in
handling the incident by trying to establish communication with the Colombian
frigate, but was unable to do so.
04/3/2014 09:30 hours. The Head of the Puerto Cabezas Naval Base, Navy
Lieutenant Lenin Amador, reports that he was contacted by the Captain of the
fishing boat “Mister Jim,” flying the Nicaraguan flag, which was at 14º44’00” N –
82º00’00 W, 50 M NE of the Miskito Keys, and that 5 M east of its position was the
Ocean Patrol Boat ARC “San Andrés” (PO-45) of the Colombian Navy and 10 M
north it observed an unidentified U.S. vessel, and that the Colombian frigate
advised the fishing boat “Mister Jim” by radio that it should not continue lobster
fishing and should withdraw from the area.
04/3/2014 12:30 hours, the commander of the GC-201 “Río Grande Matagalpa,”
Navy Lieutenant Mario Paramo Villalobos, reports that he was at 14º44’00” N –
82º00’00 W and that he sighted, 10 M east of his location, the ARC “San Andrés”
(PO-45) along with an unidentified U.S. vessel.
04/15/14 15:47 hours. The Commander of the GC-403 “General José Santos
Zelaya,” Navy Lieutenant Francisco Javier Díaz Mendoza, reported that he was at
14º41’00” N 81º46’00” W, 60 M NE of the Miskito Keys, and that the frigate ARC
“Caldas” was located 3 M SE of his position, maintaining a constant presence. He
also reported that at 17:50 hours a Colombian CN-235 twin-engine aircraft flew
over him at an altitude of 300 feet going from northeast to west.
05/8/2014 08:05 hours. The Commander of the GC-201 “Río Grande de
Matagalpa,” Navy Lieutenant Jorge Gómez Prado, reported that he was at
14º38’00” N 81º48’00” W, 56 M NE of the Miskito Keys, patrolling Nicaraguan
waters, when the frigate ARC “20 de Julio” (PZE-46) initiated communication with
coast guard vessel GC-201, threatening to take action and that he assume the
consequences if the GC-201 came within 2 M, and asking it to change course. The
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7
Colombian frigate also stated that it was in those waters to protect the Colombian
State’s historical fishing rights and to guarantee the safety of the vessels present in
the area. The GC-201 responded that it was in Nicaraguan jurisdictional waters,
and cautiously advised that it would not change course because it was not
jeopardizing the safety of any of the vessels. Neverthless, it decided to cautiously
remove itself to position 14º56’00” N 81º42’00” W, 65 M NE of the Miskito Keys, to
avoid a major incident with the Colombian frigate. (AUDIO ATTACHED)
07/28/2014 14:15 hours, the commander of the GC-403, “General José Santos
Zelaya,” Navy Lieutenant Mario Paramo Villalobo, at 14°22′00”N - 082°01′ 00” W,
reports that while performing a routine inspection of the vessel “Doña Emilia,” the
Captain of that vessel, Lester Alfredo Juárez, informed him that a few days before
at φ=14°29′00”N; λ=081°53′00” W, a Colombian Navy war frigate advised it by
radio that it could not operate in that area, to which the fishing boat responded that
it was fishing in Nicaraguan waters. (AUDIO ATTACHED)
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
07:00 HOURS ON 10/13/13 TO 16:00 HOURS ON 10/13/13
10/13/13. 16 VESSELS CONTINUE TO FISH IN THE
JURISDICTIONAL WATERS THAT WERE RETURNED TO US.
10/13/13 /09:45 Hours. The Commander of CG 201-RIO
GRANDE DE MATAGALPA WITH SPEED BOAT 069,
Navy Lieutenant Domingo González, reports that he is
anchored at position Φ15°32’00”N - λ-081°59’00”W(54 M
NW of Quitasueño[]); fishing boat La Capitana is fishing in the
area, he resupplied it with 50 gallons of water.
10/13/13 /09:20 Hours. The commander of CG 205-RIO
RIO ESCONDIDO WITH SPEED BOAT 2X200 HP,
NAVY LIEUTENANT Holvin Martínez, reports that he
is at position φ14°42’00”N - λ-081°39’00”W (67 M to the
NE of the Miskito Keys); he is ordered to proceed to
coordinates φ14°41’00”N - λ-081°35’00”W.
10/13/13 /12:00 Hours. The commander of CG 205-RIO
RIO ESCONDIDO reports that he has arrived at
φ14°36’00”N - λ-081°48’00”W.
10/13/13 /13:10 Hours. The Commander of CG 205-RIO
RIO ESCONDIDO reports nothing new FROM
POSITION φ14°36’00”N - λ-081°49’00”W (65 M NE
of the Miskito Keys)
10/13/13 /08:55 Hours. Navy Lieutenant Martínez reports
that he is at position 14°50’00”N - 08l°42’00”W and that
the Commander of the Colombian frigate ARC 20 DE
JULIO called him on channel 16 and stated that our vessel
was heading toward Colombian waters at 3 M to the south
of his position, to which Navy Lieutenant Martínez
responded that he was navigating in the jurisdictional
waters of the State of Nicaragua. The commander of the
Colombian frigate turned off the communication device
and did not call again.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
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,.---- ~
9, o<-" -i.GO-,
~v""~
VSandy
Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
07:00 HOURS ON 10/19/13 TO 16:00 HOURS ON 10/19/13
10/19/13 14:40 Hours. 16 VESSELS CONTINUE TO FISH.
10/13/13/10:10 Hours. Navy Lieutenant Holvin Martínez,
Commander of CG 205 RIO Escondido, reports that he is
complying with the patrol line at position φ14°36’00”N –
λ-081°50’00”W, 57 M NE of the Miskito Keys, Beaufort
Number 1, observes frigate ARC-54 Independiente 2.5 M
to south of his position; at 09:50 hours 2 FAC [Colombian
Air Force] OV-10 aircraft flew over him from north to
south, circling our coast guards’ position 6 times;
subsequently, at 10:02 hours these same airplanes flew
over two fishing boats that were fishing in the area
(Capitán Camerón and La Capitana), subjecting them to
the same harassment; subsequently they headed south.
10/19/13/13:27 Hours. Navy Lieutenant Domingo
González, Commander of CG - 201 Río Grande de
Matagalpa, reports that he is complying with the patrol line
at position φ14°29’00”N - λ-081°59’00”W, 56 M east of
the Miskito Keys, Beaufort Number 1; he observes frigate
ARC-54 Independiente 4.7 M north of his position; at
10:05 hours 2 Colombian Air Force OV-10 aircraft fly
over him at an altitude of 300 meters, north to south,
performing harassing maneuvers.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
16:00 HOURS ON 10/29/13 TO 07:00 HOURS ON 10/30/13
10/30/13 06:00 hours. 10 VESSELS CONTINUE TO
FISH IN THE JURISDICTIONAL WATERS
RETURNED TO US.
10/29/13 /17:15 Hours. The Commander of CG 205 Río
Escondido, Navy Lieutenant Jorge Gómez Prado, reports that
at position φ14°37’00”N - λ-081°58’00”W, 60 M NE of the
Miskito Keys, at 15:00 hours, a Colombian Air Force aircraft
coming from the SE flew over him and turned toward the
NE.
10/29/13 /17:15 Hours. The Commander of CG 205 Río
Escondido, Navy Lieutenant Jorge Gómez Prado, reports
that at position φ14°37’00”N - λ-081°58’00”W, 60 M NE
of the Miskito Keys, at 15:00 hours, a Colombian Air
Force aircraft coming from the SE flew over him and
turned toward the NE.
NICARAGUAN ARMY
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Number of Pages: 1
GENERAL STAFF-NAVY
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"'Il'
. .rn...
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C.
SANDINO 16:00 HOURS ON 10/30/13 TO 07:00 HOURS ON 10/31/13
10/30/13 06:00 hours. 10 VESSELS CONTINUE TO
FISH IN THE JURISDICTIONAL WATERS
RETURNED TO US.
10/30/13 /16:55 Hours. The Commander of CG 201 Río
Grande de Matagalpa, Navy Lieutenant Francisco Díaz,
reports that he on patrol at position φ14°36’00”N - λ-
081°55’00”W, 60 M NE of the Miskito Keys, in tandem
with speed boat 069, and at 16:40 hours a green
Colombian Air Force helicopter traveling from South to
North and vice-versa flew over him at an approximate
altitude of 200 feet.
10/30/13 /17:15 Hours. The Commander of CG 205 Río
Escondido, Navy Lieutenant Jorge Gómez Prado, reports that
at position φ14°37’00”N - λ-081°58’00”W, 60 M NE of the
Miskito Keys, at 16:40 hours, a Colombian Air Force
helicopter traveling from South to North and vice-versa flew
over him at an altitude of 400 feet.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
07:00 HOURS ON 10/31/13 TO 16:00 HOURS ON 10/31/13
10/31/13 15:30 HOURS. 14 FISHING BOAT
FISHING TO THE EAST OF MERIDIAN 82.
10/31/13 /14:40 Hours. The Commander of CG 201 Río
Grande de Matagalpa, Navy Lieutenant Francisco Díaz,
reports that he is on patrol at position φ14°36’00”N - λ-
081°55’00”W, 60 M NE of the Miskito Keys, in tandem with
speed boat 069; at 09:00 hours a reconnaissance helicopter
flew over him from north to south. At 10:00 a.m. an
unidentified Colombian frigate appeared and reached up to 5
M SE of the coast guard vessel, the helicopter landed there
and subsequently they headed NE, disappearing from the
radar.
10/31/13 /13:45 hours. The Commander of CG 205 Río
Escondido, Navy Lieutenant Jorge Gómez Prado, on patrol
at position φ14°37’00”N - λ-081°58’00”W reports nothing
new (60 M to the northeast of the Miskito Keys).
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
07:00 HOURS ON 11/7/13 TO 16:00 HOURS ON 11/7/13
11/7/13-15:30 hours, 12 vessels are fishing
in our restituted jurisdictional waters.
7 NOV 13-08:50 hours. The Commander of CG-205 “Rio Escondido,”
Navy Lieutenant Jorge Gómez Prado, reports that he is at position
14°37’00”N - 081°57’00”W, on patrol 48 M to the northeast of the Miskito
Keys; he was ordered by the Naval Command to head for the Puerto Cabezas
Naval Base at 15:00 hours.
7 NOV 13-11:17 hours. The Commander of CG-
401 “General José Dolores Estrada,” with speed
boat 2X200 HP, Navy Lieutenant Francisco Díaz,
who was at position 15°15’00’’N - 081°04’00’’ W,
128 M to the NE of the Miskito Keys, was ordered,
through the Naval Command, to head for the Puerto
Cabezas Naval Base at 12:00 hours. At 14:20 hours
7 NOV 13-11:17 hours. The Chief of the Puerto he is at position 15°05’00”N - 081°24’00”W.
Cabezas Naval Base reports that the Captain of
fishing boat Lady Dee II advised him that, while at
position 14°50’00”N - 081°53’00”W, 58 M to the
northeast of the Miskito Keys, Colombian frigate
No. 53 harassed them and told them that they were
in Colombian waters. In view of this situation the
Commander of CG 401 established communication
with the frigate, making it clear that the fishing
boat Lady Dee II was fishing in Nicaraguan waters.
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296
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
07:00 HOURS ON 11/17/13 TO 16:00 HOURS ON 11/17/13
17 NOV 13-10:50 hours. CG-201 “Rio
Grande de Matagalpa” is at position
14°33’00”N - 081°56’00”W, on patrol at 47
M to the NE of the Miskito Keys.
17 NOV 13, 16:00 hours. 15 vessels
are fishing.
11/17/2013 10:50 hours, Navy Lieutenant Mario
Paramo, Commander of CG-205 “Rio
Escondido,” reports that, over marine channel 16,
he was informed by the Captain of the lobster
boat “Miss Sofía,” flying the Nicaraguan flag,
that it was at position 14°50’00”N -
081°45’00”W, to the NW of Quitasueño, when
the Commander of the frigate ARC “Almirante
Padilla” (FM 51) ordered him to withdraw from
that position because they were Colombian
jurisdictional waters. The frigate sent out a speed
boat that harassed the “Mis Sofía.”
11/17/2013 15:18 hours. The captain of CG-205,
Navy Lieutenant Mario Paramo, reported that he
was at position 14°45’00”N - 081°49’00”W when
he established communication with the frigate
ARC “Almirante Padilla” (FM-51), which was 3 M
from his position, to tell it that they were in
Nicaraguan jurisdictional waters recognized in the
ICJ Judgment of November 19, 2012, to which the
Colombian frigate replied that they did not
recognize the judgment and so they would remain
there.
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297
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C.
SANDINO 07:00 HOURS ON 11/19/13 TO 16:00 HOURS ON 11/19/13
11 vessels are fishing in our
restituted jurisdictional waters.
19 NOV 13-09:50 hours. The Commander of
CG-205 “Rio Escondido” remains at position
15°15’00”N - 081°05’00”W, with “L7R” 069, 11
M to the NE of the Miskito Keys.
19 NOV 13-09:50 hours. CG - 201 Río Grande de
Matagalpa is complying with the patrol line at
position 14°35’00’’N - 081°55’00’’W, 48 M to the
SW of the Miskito Keys; a Colombian navy aircraft
flies over him.
Frigates Almirante Padilla (FM- 54) and Caldas
(FM-52) are still here.
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298
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
16:00 HOURS ON 11/21/13 TO 07:00 HOURS ON 11/22/13
9 vessels are fishing in our restituted
jurisdictional waters.
21 NOV 13-16:30 hours. The Commander of
CG-201 “Rio Grande de Matagalpa” is in
the same position 15°00’00”N -
81°44’00”W, 74 M to the NE of the Miskito
Keys; a helicopter flies over him from south
to east at an approximate altitude of 200 feet.
22 NOV 13-05:30 hours. The commander of CG -
205 Río Escondido, Navy Lieutenant Mario
Paramo reports he is at the Puerto Cabezas Naval
Base for repairs to CG-205.
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299
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
07:00 HOURS ON 11/24/13 TO 16:00 HOURS ON 11/24/13
11/24/13-14:45 hours, 14 vessels are fishing
in our restituted jurisdictional waters.
24 NOV 13-15:00 hours. The Commander of
CG-201 “Rio Grande de Matagalpa, Navy
Lieutenant Alejandro García Bermudez,
reports that he is complying with the patrol line at
position 15°00’00”N - 081°44’00”W, 72 M to the
NE of the Miskito Keys, and that a Colombian Air
Force helicopter proceeding from south to north
flew over him, 1 M before arriving at his position,
at an approximate altitude of 500 feet.
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300
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
16:00 HOURS ON 11/25/13 TO 07:00 HOURS ON 11/26/13
11/26/13-06:00 hours. 12 vessels are fishing
in our restituted jurisdictional waters.
25 NOV 13-18:00 hours. The Commander of
CG-201 “Rio Grande de Matagalpa,” Navy
Lieutenant Alejandro García Bermudez, reports
that a Colombian navy military helicopter flew
over him from north to south on three occasions at
an approximate altitude of 200 A. At 17:30 hours
he arrived at position 014°50’00”W -
081°37’00”W.
11/26/13 -06:30 hours. The Commander of CG-
201 General José Dolores Estrada, Navy
Lieutenant Mario Paramo, reports that he is at
position 15°31’00”W - 080°58’00”W.
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301
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
1/3/14-15:30 hours, 11 fishing vessels
are fishing in the restituted waters.
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 16:00 HOURS ON 1/2/14 TO 07:00 HOURS ON 1/3/14
1/2/14-19:10 hours, The Commander of CG-403 “GENERAL
JOSÉ SANTOS ZELAYA,” Navy Lieutenant Domingo Javier
González López, reports that he is at position φ=14°50’00”N -
λ= 081°40’00’’W; at 18:20 hours he had a radio conversation
with a Colombian ARC vessel at position φ=14°46’20”N - λ=
081°46’37’’W. He said that he did not recognize the Judgment
and we were in the Colombian integral contiguous zone and that
5 fishing vessels were fishing with Colombian authorization.
1/3/14-06:30 hours. The commander of CG-403 “GENERAL
JOSÉ SANTOS ZELAYA,” Navy Lieutenant Domingo Javier
González López, reports at position φ=14°50’00”N - λ=
081°40’00’’W, 73 M to the northeast of the Miskito Keys.
1/2/14-16:55 hours. The Commander of CG-401
“GENERAL JOSE DOLORES ESTRADA,” Navy
Lieutenant Jorge Gómez Prado, reports that he is
navigating at position φ=14°31’00”N -
λ=082°06’00”W. He reports that he is having problems
with the electrical system and that the main port engine
is not switching on; he is ordered to return to the
Miskito Keys sector and resolve the problem.
1/2/14-23:50 hours. The Commander of CG-401
“GENERAL JOSE DOLORES ESTRADA,” Navy
Lieutenant Jorge Gómez Prado, reports that he is at
position φ=14°19’00”N - λ=082°47’00”W, 2 M south
of the Miskito Keys.
1/3/14-06:15 hours. The Commander of CG-401
“GENERAL JOSE DOLORES ESTRADA,” Navy
Lieutenant Jorge Gómez Prado, reports at position
φ=14°19’00”N - λ=082°47’00”W, 2 M south of the
Miskito Keys, they are working to resolve the electrical
problem.
1/2/14-18:10. Colombian navy frigate seen on radar at position
φ=14°46’20”N - λ= 081°46’37”W, 40 M to the northwest of
Quitasueño; its code was not identified; it was still there at 06:30
hours on 1/3/14.
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302
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
1/7/14-15:30 hours, 10 fishing vessels are
fishing in the restituted waters.
1/7/14-11:30 hours. The commander of CG-403 “GENERAL
JOSÉ SANTOS ZELAYA,” Navy Lieutenant Domingo Javier
González López, reports that he is at position φ=14°50’00”N -
λ=081°50’00”W, 58 M to the NE of the Miskito Keys; the
Colombian frigate withdrew from the zone.
1/7/14-15:39 hours. The commander of CG-403 “GENERAL
JOSÉ SANTOS ZELAYA,” Navy Lieutenant Domingo Javier
González López, at position φ=14°40’00”N - λ=081°50’00”W,
48 M to the NE of the Miskito Keys, reports that the Colombian
frigate has withdrawn from the zone; CG – 401 is also in this
area, and the USA CG has also withdrawn from the zone.
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 1/7/14 TO 16:00 HOURS ON 1/7/14
1/7/14-06:31 hours. The Commander of CG-401 “GENERAL JOSE
DOLORES ESTRADA,” Navy Lieutenant Jorge Gómez Prado,
reports that he maneuvered to weigh anchor from position
φ=14°50’00”N - λ=081°40’00”W, where he was located, 68 M to the
NE of the Miskito Keys, in order to check the sighted [object].
1/7/14 -08:30 hours. The Commander of CG-401 “GENERAL JOSE
DOLORES ESTRADA,” Navy Lieutenant Jorge Gómez Prado, at
position φ=14°42’00”N - λ=081°39’00”W, 60 M to the NE of the
Miskito Keys, encounters the U.S. navy corvette PATHFINDER
(Oceanographic Vessel), with which it established communication; the
U.S. vessel answered that they were performing scientific research and
Military Operations. In view of this, he responded that they were in
Nicaraguan waters and they were in the exclusive economic zone, and
that they could only navigate in our waters. The Colombian frigate
intercepted the communication, asserting that they were in Colombian
waters.
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303
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 16:00 HOURS ON 1/25/14 TO 07:00 HOURS ON 1/26/14
1/25/14-16:54 hours. The commander of CG-201 “RIO GRANDE
DE MATAGALPA,” Navy Lieutenant Páramo, reports that he is at
position φ13°55’00”N - λ082°01’00”W, 47 M to the SE of the
Miskito Keys, complying with the patrol line.
1/25/14-21:35 hours. The commander of CG-201 “RIO GRANDE
DE MATAGALPA,” Navy Lieutenant Páramo, reports that he is at
position φ13°55’00”N - λ082°01’00”W, 47 M to the SE of the
Miskito Keys, complying with the patrol line, situation normal.
1/26/14-06:14 hours, the commander of CG-201 “RIO GRANDE
DE MATAGALPA,” Navy Lieutenant Páramo, reports that he is at
position φ13°55’00”N - λ082°01’00”W, 47 M to the SE of the
Miskito Keys, complying with the patrol line, fuel on board 1,270
gallons of diesel, weather: wind 15–20 km/h, waves 1–2 meters high,
sky overcast.
1/26/14-06:45 hours. 13 fishing vessels
are fishing in Nicaraguan jurisdictional
waters.
1/25/14-16:01 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Garcia, at position φ14°55’00”N - λ081°40’00”W, 60 M to the
NE of the Miskito Keys, complying with patrol line, reports that at 15:00
hours he detected an object at position φ14°51’00”N - λ081°46’00”Won the
radar; and communicated with the Captain of the ship, which identified itself
as the scientific vessel “PATHFINDER,” flying the U.S. flag. Our Coast
Guard Commander advised him that he was navigating in Nicaraguan waters
and he responded that he was conducting research in the area that had been
authorized by the Colombian government. He weighed anchor and headed
for San Andrés Island.
1/25/14-21:30 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Garcia, reported being at position φ14°55’00”N -
λ081°40’00”W, 60 M to the NE of the Miskito Keys, complying with
patrol line.
1/26/14-06:06 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Garcia, reports being at position φ14°55’00”N -
λ081°41’00”W, 61 M to the NE of the Miskito Keys, complying with
patrol line; fuel on board: 3,680 gallons of diesel; weather: wind 15–20
km/hr., sky overcast; waves: 2–2.5 meters.
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 1/27/14 TO 16:00 HOURS ON 1/27/14
1/27/14- 11:48 hours. The Commander of CG-201 “RIO GRANDE DE
MATAGALPA,” Navy Lieutenant Mario Páramo, is at position
φ13°59’00”N - λ082°00’00”W (49 M to the SE of the Miskito Keys),
complying with patrol line; reports nothing new; weather: wind 15–20
km/h; sea calm; sky clear.
1/27/14‐15:30 hours. 10 fishing vessels are fishing
in Nicaraguan jurisdictional waters.
1/27/14-09:50 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Alejandro Garcia, who is at position φ14°50’00”N -
λ081°40’00”W (70 M to the NE of Miskito K.) reports that he was
informed by the Capitan of the lobster diver boat Caribean Star that it was
at position φ14°47’00”N - λ081°52’00”W and a frigate called it on the
radio, ordering it to pick up its divers and leave the zone because fishing
with divers was not permitted in the zone, at which the commander of BL
405 informed him that he should not withdraw from the fishing area and
that he was heading toward his position.
1/27/14-11:50 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Alejandro Garcia, reports from φ14°48’00”N - λ081°47’00”W
(62 M to the NE of Miskito Keys) that Rv = 180 and that he has not
seen or detected the Colombian frigate in the area and that the scientific
vessel was navigating 5 M to the north of his position.
1/27/14-15:30 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Alejandro Garcia, reports from position φ14°44’00”N -
λ081°47’00”W, advising that he was in communication with the Captain of
the lobster boat Al John (φ14°26’00”N - λ081°56’00”W) and he advised
him that the Colombian frigate had communicated to him by radio that he
could not fish in the area. The Colombian frigate is at position
φ14°26’00”N - λ081°55’00”W.
Caribean Star
Al John
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 1/29/14 TO 16:00 HOURS ON 1/29/14
1/29/14-11:10 hours. Commander of BL-405 “TAYACÁN,”
Navy Lieutenant Garcia reports at position φ14°30’00”N -
λ081°50’00”W, 57 M NE of the Miskito Keys, that the frigate
ARC “Independiente 54” passed 3 cables from his position,
and he communicated with it, advising them that they were
navigating in Nicaraguan waters, and the frigate responded
that its government does not accept the ICJ Judgment; at the
same time the frigate communicated with the fishing boat
Snayder, flying the Nicaraguan flag, ordering them to
withdraw from the area because they were in Colombian
waters; at which the captain responded that he was in waters
that had been restituted to the Government of Nicaragua.
12:30 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Garcia, reported through PTN Barra de río maíz,
under Navy Lieutenant Alemán, that it had set sail from
φ14°30’00”N - λ081°50’00’’W in a northeasterly direction
toward φ15°10’00”N -λ081°40’00’’W, and its arrival was
pending.
14:31 hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Garcia, reported through PTN Barra de río maíz,
under Navy Lieutenant Alemán, that B/L-405 was navigating
in a northeasterly direction and was at φ14°50’00”N -
λ081°49’00’’W, 61 M to the northeast of the Miskito Keys;
situation is normal.
16:00 Hours. Commander of BL-405 “TAYACÁN,” Navy
Lieutenant Garcia, reported that he was navigating in a
northeasterly direction and was at φ15°02’00”N -
λ081°50’00’’W, 66 M to the northeast of the Miskito Keys;
situation is normal.
1/29/14-15:45 hours. 13 fishing vessels
are fishing in Nicaraguan jurisdictional
waters.
1/29/14-06:38 hours. Commander of CG-201 “RIO GRANDE DE
MATAGALPA,” Navy Lieutenant Mario Páramo is [at] position
φ13°59’00”N - λ082°01’00”W (49 M to the SE of the Miskito Keys),
complying with the patrol line; he reports nothing new; weather: wind at
5–10 knots, waves: 1.5 meters, fuel on board: 1,740 gallons of diesel;
reports that he has not seen any fishing boats. Since 06:38 hours, when he
reported, we have not had communication with CG-201.
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 2/1/14 TO 16:00 HOURS ON 2/1/14
FEB 1, 14, 16:00 hours. 14
vessels are fishing
FEB 1, 14-10:10 hours. Commander of CG 201 “Rio Grande
de Matagalpa,” Navy Lieutenant Mario Páramo, reports that
on 1/31/14 at 17:00 hours he communicated via maritime
channel with the Commander of Coast Guard vessel USCGC
BEAR (WMEC- 901) of the U.S. Coast Guard. He was
traveling from south to north at position 14°30’00”N -
081°49’00”, 55 M to the east of the Miskito Keys. The USCG
Commander said he was in international waters and was
heading north. Navy Lieutenant Mario Paramo responded that
he was in the Exclusive Economic Zone of Nicaragua.
2/1/14. 10:10 hours. Navy Lieutenant Mario Paramo reported
that the frigate ARC-54 “Independiente” was traveling to the
east of his position.
11:00 hours. Navy Lieutenant Páramo heads toward position
14°42’00”N - 081°53’00”W, where fishing boat Cap. Maddox
is located. At 15:50 hours he reports that he is at position
14°39’00”N - 081°51’00”W, 60 M to the east of the Miskito
Keys.
2/1/2014 11:00 hours. Commander of logistical boat BL-405 “Tayacán,”
Navy Lieutenant Alejandro Garcia, reports that he was at position 14°35’00”N
- 081°46’00”W, and he heard a conversation between the “Maddox,”
Honduran with a Nicaraguan fishing permit, and the frigate ARC
“Independiente” (FM-54), located at latitude 14°44’00”N and longitude
081°39’00”W, and he told him that he was in Colombian waters and that his
government decided that the Hague Judgment was not applicable and that the
Colombian navy vessels would continue to exercise sovereignty over these
waters.
2/1/14 11:35 hours on 2/1/ 2014, Navy Lieutenant Garcia, Commander of del
BL- 40, reports that he communicated with the frigate ARC “Independiente”
(FM-54) and it responded that it was in Colombian waters and that its
government had established that the Hague Judgment was not applicable, and
that they would continue to exercise sovereignty. He demanded that they stay
out of Colombia’s contiguous zone and territorial waters.
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 2/2/14 TO 16:00 HOURS ON 2/2/14
2 FEB 14, 15:30 hours. 13
vessels are fishing.
02/02/2014 13:35 hours. Commander of the BL-405 “Tayacán,” Navy
Lieutenant Alejandro García Bermúdez, reports at position φ14°40’00”N -
λ081°50’00”Wand observed fishing boat “Dora María” and frigate ARC “20
de Julio” at position 14°44’00”N - 81°39’00”W. He stated that the Colombian
state had established that the Judgment was not applicable and they would
continue to exercise sovereignty over those waters and he asked him to state
his intentions. The frigate advised that it was assisting the fishing boat. He
told them to stay out of Colombia’s contiguous zone and territorial waters.
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Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 2/5/14 UNTIL 16:00 HOURS ON 2/5/14
2/5/2014- 15:04 hours. Commander of CG-201 “RIO GRANDE DE
MATAGALPA,” Navy Lieutenant Mario Paramo, reports at
position φ=14°48’00”N - λ= 081°36’00”W, complying with the
patrol line; weather: waves 2 m, wind speed 15–20 k/h, sky clear.
Keeps the frigate 20 de Julio PZE-46 in sight.
2/5/14-15:45 hours, 12 fishing vessels
are fishing in Nicaraguan jurisdictional
waters.
2/5/2014 11:30 hours. Navy Lieutenant García, Commander of
BL-405, advised that he communicated with the frigate ARC
“20 de Julio” and was informed that he was in Colombian
waters. The frigate demanded that the 13 Nicaraguan vessels
fishing at φ14°44’01”N - λ081°39’08”W stay out of the
Colombian contiguous zone and territorial waters.
The Colombian frigate had taken the same position with the
fishing boat flying the Nicaraguan, “Nica Fish 4.”
NICARAGUAN ARMY
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Annex 23 A
309
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 2/6/14 TO 16:00 HOURS ON 06 FEB 14
6 FEB 14-12:30 hours. Commander of BL-405 “Tayacán,” Navy Lieutenant
Alejandro García Bermúdez, reports that he is at position 14°44’00”N-
081°49’00”W, 70 M to the NE of the Miskito Keys, he observed, 3 M to the north
of his position, Patrol Boat “ARC 20 de Julio” (PZE-46), which questioned
fishing boat Nica Fish 4 by radio and informed it that it was fishing in Colombian
waters. The fishing boat did not respond. The Commander of BL 405 advised the
Captain of the fishing boat Nica Fish 4 that when they are questioned by the ARC,
they should inform them that they are fishing in waters restituted by the ICJ that
are Nicaraguan.
6 FEB 14- 13:30 hours. Commander of CG-201 “Rio Grande de
Matagalpa,” Navy Lieutenant Mario Paramo, reports that he is at
position 14°44’00”N - 081°39’00”W, 67 M to the NE of the Miskito
Keys, complying with the patrol line; waves: 2–3 m, wind speed: 20 to 25
k/h.
6 FEB 14, CG 201, 11:30 hours, has seen Patrol Boat “ARC 20 de
Julio” (PZE-46) pass from south to north, to 5 M west of his position.
6 FEB 14, 12:30 hours. 12 vessels are
fishing.
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GENERAL STAFF-NAVY
Annex 23 A
310
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 2/13/14 TO 16:00 HOURS ON 13 FEB 14
13 FEB 14, 15:35 hours. CG-201 “Rio Grande de
Matagalpa,” with 10 military personnel reported that at
11:10 hours it arrived at position 14°35’00”N -
081°55’00”W, 53 M to the NE of the Miskito Keys. It
was told to stay in that position, monitoring the
conversation of the Commander [of] BL-405 and frigate
ARC-51 Almirante Padilla.
13 FEB 14, 16:00 hours, 7 vessels are
fishing.
13 FEB 14, 11:20 hours. Navy Lieutenant Alejandro García,
Commander, reports Logistical Boat Enlace docking at BNB,
transported 25 military personnel.
2/13/2014 11:30 hours, the position of BL 405 is φ14°48’00”‘N -
λ081°36’00’’W, 3 M to the NE was the frigate ARC-51 “Almirante Padilla,”
the frigate released a speed boat with 6 military personnel to board the fishing
boat “Blu Sky,” flying the Honduran flag. 2 military personnel went aboard
the fishing boat. Navy Lieutenant Martínez, with BL-405, went to the position
where the fishing boat was located, taking the respective measures to avoid
provocation.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
311
---
Sajo
1
a..coSer.-+n~
~ O c:S Miskit-o:s
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 2/14/14 TO 16:00 HOURS ON 14 FEB 14
14 FEB 14, 10:00 hours. Commander of CG- 201
“Rio Grande de Matagalpa,” Navy Lieutenant
Francisco Díaz, at position 14°35’00”N -
081°55’00”W, 53 M to the NE of the Miskito Keys,
was ordered to contact the Colombian frigate and
advise it that it is not authorized to issue a fishing
permit in Nicaraguan waters and to tell the fishing
boat Blue Sky to withdraw and that if it wants to
fish in those waters it should process its request
with the Nicaraguan State.
Also reports a Colombian flag aircraft flying over it
from west to east, not specifying its registration.
14 FEB 14, 16:00 hours. 7 vessels
fishing.
02/14/2014 07:00 hours. The Commander of BL-405 “Tayacán,” Navy
Lieutenant Holvín Martínez, at position 14°52’00’’N - 081°36’00’’W,
63 M to the NE of the Miskito Keys, reports that the frigate ARCAlmirante
Padilla (FM-51) is to the SE, at .5 M from his position,
along together with a speed boat; they are staying by the fishing boat
Blue Sky, flying the Honduran flag.
02/14/2014 11:30 hours, the Commander of BL-405 “Tayacán,” Navy
Lieutenant Holvín Martínez, at position 14°35’00’’N - 081°55’00’’W,
reported that he contacted the Captain of the fishing boat Blue Sky,
who said he was Ezequiel González Miranda, a Honduran native, and
that he was at the location fishing with Colombian authorization. Navy
Lieutenant Holvín Martínez replied that it is Nicaraguan territory.
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GENERAL STAFF-NAVY
Annex 23 A
312
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 2/20/14 TO 16:00 HOURS ON 2/20/14
2/20/14. 16:00 hours. 07 vessels are
fishing.
2/20/14 14:20 hours, the commander of BL-405 “Tayacán,” Navy
Lieutenant Holvín Martínez, position 14°50’00”N - 081°50’00”W, 65
M to the NE of the Miskito Keys, reports that the frigate ARC-51
“Almirante Padilla” is located 4 M to the SE of his position. At 15:20
hours he sighted the U.S. ship Pathfinder 1.8 M from his position.
ARC-51 is accompanying.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
313
I
,'.---~
I
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 16:00 HOURS ON 2/20/14 TO 07:00 HOURS ON 2/21/14
2/20/14 16:00 hours. 07 vessels
are fishing.
2/21/14 06:20 hours. Commander of BL-405 “Tayacán,” Navy
Lieutenant Holvín Martínez, reports at position 14°49’00”N -
081°49’00”W, 65 M to the NE of the Miskito Keys, that frigate ARC
“Almirante Padilla” (FM-51) is located 4 M to the SE of his position,
accompanying the U.S. ship “Pathfinder”, which is 1.8 M from his
location.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
314
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 16:00 HOURS ON 2/21/14 TO 07:00 HOURS ON 2/22/14
2/22/14. 06:00 hours. 10 vessels
are fishing.
2/22/14 06:40 hours. The Commander of BL-405 “Tayacán,” Navy
Lieutenant Holvín Martínez, reports that he is at position 14°50’00’’N -
081°50’00’’W, and that the frigate ARC “Almirante Padilla” is located
6 M to the SE of his position, alongside the U.S. ship “Pathfinder,”
which is 4 M from his position.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
315
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-Walpasiksa
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 3/3/14 TO 16:00 HOURS ON 3/3/14
3/3/14. 06:00 hours. 1 vessel is
fishing.
03/03/14 12:15 hours. CG - 201 “Río Grande de Matagalpa” is at
position 14°47’00”N - 082°42’00”W, 59 M to the NE of the
Miskito Keys; reports that it observes the frigate ARC-
“Almirante Padilla” (FM-51) 10 M from its position. During
communications between the Commander of CG-201 and the
Commander of the frigate Almirante Padilla, he stated that he was
in Nicaraguan waters. The commander of the Colombian frigate
replied that he was in San Andrés and Providencia waters, at
which the Commander of CG-201 restated that they were in
Nicaraguan jurisdictional waters . When the coast guard vessel
approached to take photos of the frigate, they accused us of
threatening them.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
316
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 3/9/14 TO 16:00 HOURS ON 3/9/14
9 MAR 14, 12:10 hours. CG- 201 “Rio
Grande de Matagalpa” is at position
14°39’00”N - 081°46’00”W; it reports that at
09:00 hours it observed the frigate ARC- 20 de
Julio (PZE-46), 6 M to the south of its position
(14°42’00”N - 081°45’00”W)
9 MAR 14, 15:55 hours. The Commander of BL-405
“Tayacán,” Navy Lieutenant Jorge Gómez Prado
(through Navy Lieutenant Domingo González),
reports that he is at position 14°53’00”N -
081°40’00”W; that [at] 15:30 hours a twin engine
hunting plane with initials CN-235 flew over him
from south to north and vice-versa for 3 minutes at an
approximate altitude of 500 feet.
9 MAR 14, 12:10 hours, 7 Nicaraguan vessels fishing.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
317
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
07:00 HOURS FROM 3/11/14 TO 16:00 HOURS ON 3/11/14
3/11/14, 15:00 hours, CG-201 “RIO GRANDE
DE MATAGALPA” COMPLYING WITH
THE PATROL LINE AT POSITION
14°39’00”N - 081°46’00”W, 62 M TO THE NE
OF THE MISKITO KEYS.
3/11/14, 14:57 hours, EXCLUSIVE ECONOMIC
ZONE PATROL BOAT (PZE ARC 46) “20 DE
JULIO” AT POSITION 14°49’00’’N - 081°49’00’’W,
5 M TO THE EAST OF THE POSITION OF BL - 405.
3/11/14, 15:45 hours, 6 NICARAGUAN
VESSELS FISHING.
3/11/14, 14:57 hours, the Commander of BL-405
“Tayacán,” Navy Lieutenant Jorge Gómez Parado,
reports that at this time an aircraft with code
CN.235 flew over him from northwest to northeast,
when he was at coordinates 14°53’00’’N -
081°40’00”W. ARC-20 de Julio (PZE-46) remains
at position 14°49’00’’N - 81°49’00’’W, 5 M from
his location.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
318
""o~- ... .- _ .. ~ · -. ~.,c:a,.-.;-GO-.
oc'-•· * 'l>o),V~
(6
R lind -
a.ncoSerJ GJ ( #' . , ... ../
,v,d,en~,a r!p at.a1ina
CayoyB ne
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 16:00 HOURS 3/12/14 TO 07:00 HOURS 3/13/14
05:45 hours. CG- 201 “Rio Grande de Matagalpa”
complying with the patrol line at position
14°43’00”N - 081°45’00”W, 62 M to the NE of the
Miskito Keys.
05:50 hours, BL-405 “Tayacán,” complying with
the patrol line at position 14°53’00”N -
081°40’00”W, 72 M to the NE of the Miskito Keys,
the frigate 20 de Julio (PZE-46) is 7 M to the SW of
its position.
2/13/14 06:00 hours, 5 Nicaraguan vessels fishing.
05:45 hours, the PZE Patrol Boat ARC 46 “20 de Julio” 5
M to the NE of the position of CG 201 and 7 M to the SE
of BL 405.
3/12/2014 15:10 hours. The commander of CG-201 “Río Grande de Matagalpa,” Navy
Lieutenant Domingo Javier González, reports that he was at position 14°43’00’’N -
081°50’00’’ W and that a speed boat from the frigate ARC “20 de Julio” (PZE-46)
approached the fishing boat “Al John,” flying the Nicaraguan flag, located at position
14°44’00’’N - 081°50’00’’W, ordering it to leave the fishing area. By radio, Navy
Lieutenant González contacted the Commander of the Colombian frigate, advising him
that the vessel was fishing in Nicaraguan waters. Caution was used in handling the
incident.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
319
li
C
C
Il
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 3/13/14 TO 16:00 HOURS ON MAR 13, 14.
3/13/14, 06:00 hours, BL-405 “TAYACÁN,”
COMPLYING WITH THE PATROL LINE AT
POSITION 14°43’00’’N -081°45’00’’W, 67 M TO
THE NNE OF THE MISKITO KEYS.
3/13/14, 15:45 hours, 5 NICARAGUAN VESSELS
FISHING.
3/13/2014 12:00 hours. CG-201 “Río Grande de Matagalpa,” at position 14°43’00”N
- 081°45’00’’W reports it observed that the Colombian frigate ARC “20 de Julio”
(PZE-46) approached the fishing boat Marco Polo, ordering it to leave the fishing
area because it was a protected area. The Commander of CG-201 advised the captain
of the fishing boat by radio that he should not leave the area because it was in
Nicaraguan waters. Caution was used. An attempt was made to establish
communication with the Colombian frigate, but it did not respond.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
320
'tl
C
..rn..
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 ON 4/3/14 TO 16:00 HOURS ON 4/3/14
4/3/14 15:45 hours, 1 NICARAGUAN
VESSEL FISHING.
4/3/2014 09:30 hours. The Chief of the Puerto Cabezas Naval Base,
Navy Lieutenant Lenin Amador, reports that he was contacted by
the Captain of the fishing boat “Mister Jim,” flying the Nicaraguan
flag, located at 14°44’00”N - 82°00’00 W, 50 M to the NE of the
Miskito Keys, and that 5 M to the east of his position was offshore
patrol vessel ARC “San Andrés” (PO-45) of the Colombian navy,
and 10 M to the north he observed an unidentified U.S. vessel, and
that the Colombian frigate advised the fishing boat “Mister Jim” by
radio that it should not continue to fish lobster and should withdraw
from the area.
04/03/2014 12:30 hours. The commander of CG-201 “Río
Grande Matagalpa,” Navy Lieutenant Mario Paramo Villalobos,
reports that he was at position 14°44’00”N - 82°00’00 W and
that he observed, 10 M to the east of his location, the ARC “San
Andrés” (PO-45) alongside an unidentified U.S. vessel.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
321
""o~- ... .-
_ .. ~ ·
- -~.,c:a,.-_;-G()'t
oc'-•· * 'l>o),V~
- lind
1
.. ...
a..co Ser!'i11A . j
.....
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Tasbapawnie
Bluefields
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 16:00 ON 4/15/14 TO 07:00 HOURS ON 4/16/14.
4/16/14, 06:40 hours, 2 NICARAGUAN
VESSELS FISHING.
4/15/14 [sic] 15:47 hours. The Commander of CG-403 “General José Santos Zelaya,” Navy
Lieutenant Francisco Javier Díaz Mendoza, reports that he was located at position
14°41’00”N 81°46’00”W, 60 M to the NE of the Miskito Keys, and that the frigate ARC
“Caldas” was located 3 M to the SE of his position, maintaining a constant presence. Also,
he reported that at 17:50 hours a Colombian twin engine CN-235 aircraft flew over him at an
altitude of 300 feet from NE to west.
NICARAGUAN ARMY
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GENERAL STAFF-NAVY
Annex 23 A
322
'tl
C
a:
Cl \
I
,
I
I
. 0
....
"'
•
. .rn..
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PTN-Tasbapawnie
Bluefields
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 5/8/14 TO 16:00 OURS ON 5/8/14
DNC
5/8/2014 08:05 hours. The Commander of CG-201 “Río Grande de Matagalpa,” Navy
Lieutenant Jorge Gómez Prado, reports that he was located at position 14°38’00”N
81°48’00”W, 56 M to the NE of the Miskito Keys, patrolling Nicaraguan waters, and the
frigate ARC “20 de Julio” (PZE-46) initiated communication with coast guard vessel CG-
201, threatening to take action and assume the consequences if CG-201 came within 2 M;
demanding that it change course. The Colombian frigate advised that it was in those
waters to protect Colombian historical fishing rights, guarantee the vessels’ safety, and
fight drug trafficking. CG-201 responded that it was in Nicaraguan jurisdictional waters
and cautiously stated that it would not change its course provided that it was not
jeopardizing the safety of any of the vessels. Then it prudently withdrew to position
14°56’00”N 81°42’00”W, 65 M to the NE of the Miskito Keys.
5/8/14 15:00 HOURS. 4 NICARAGUAN
VESSELS FISHING.
NICARAGUAN ARMY
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Number of Pages: 1
GENERAL STAFF-NAVY
Annex 23 A
323
--~~ .. oc'-•· * 'l>o),V~
/ lslasde P rbv id,en~ia
v Santa Cat.a1 in.a
lla
1$
Sandy Bay Tara
Puerto Cabezas
Cabo Gracias a Dios
PTN-B/Rio Grande
PTN-Laguna de Perlas
PTN-Monkey Point
PTN-Punta Gorda
PTN-B/Rio Indio Maíz
San Juan de Nicaragua
13 E/M
13 E/M
CESYP
PTN-Walpasiksa
PTN-Tasbapawnie
Bluefields
PEACE AND SOVEREIGNTY MISSION GENERAL AUGUSTO C. SANDINO
FROM 07:00 HOURS ON 7/28/14 TO 16:00 HOURS ON 7/28/14
DNC
7/28/2014 14:15 hours. The Commander of CG-403, “General José Santos Zelaya,”
Navy Lieutenant Mario Paramo Villalobo, at position 14°22’00”N - 082°01’00”W
reports that upon conducting a routine inspection of the vessel “Doña Emilia,” the
Captain of said vessel, Lester Alfredo Juárez, advised him that a few days ago, [at]
coordinates φ=14°29’00 N; λ=081°53’00 W), a Colombian frigate advised him that
he could not fish in that area. The fishing boat responded that it was fishing in
Nicaraguan waters.
5/28/14 [sic] 15:30 HOURS. 11 NICARAGUAN
VESSELS FISHING.
7/28/2014 06:55 hours. The Commander of CG-403 “General José Santos Zelaya,”
Navy Lieutenant Mario Paramo Villalobo, at position 14°27’00”N - 081°57’00”W,
46 M to the NE of the Miskito Keys, reported that at position φ=14°25’00 N;
λ=081°54’00 W) he observes offshore patrol vessel ARC-7 de Agosto (PZE-47) 4 M
to the NE of CG-403’s location.
NICARAGUAN ARMY
TOP SECRET
Copy No.: 006
Number of Pages: 02
GENERAL STAFF-NAVY
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Annex 23 B
Audio Transcripts
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326
AUDIO TRANSCRIPTS OF 2 JANUARY 2014
Nicaragua: Go ahead Colombian “Armada” warship; this is the Coast Guard, over
Colombia: Eh, let’s go to channel 14 – Rodman 4011 patrol boat, in position latitude 14 degrees,
42.5 north against 81 degrees, 36.4 whisky, speed 9.3 toward 2 D 8 … this is the warship of the
“Armada” of the Republic of Colombia, over
Nicaragua: Good morning, good morning, go ahead, over
Colombia: Good morning, I inform you that you are in Colombian jurisdictional waters. The
Colombian State has determined that the ruling by The Hague is not acceptable. Therefore, the
units of the “Armada” of the Republic of Colombia will continue to exercise sovereignty over these
waters and I request that you report your intentions.
Nicaragua: We inform you that the State of the Republic of Nicaragua acknowledges the ruling by
the International Court of Justice; we are in Nicaraguan jurisdictional waters, over
Noise…
Colombia: The Colombian State has determined that the ruling by The Hague is not applicable.
Therefore, the units of the “Armada” of the Republic of Colombia will continue to exercise
sovereignty over these waters and I request that you report your intentions.
Nicaragua: I invite you to move to channel 1.5, over
Colombia: Channel 1.5; we moved to channel 1.3, channel 1.3
Noise…
Nicaragua: Go ahead ARC, over
Colombia: I informed you that the Colombian State has determined that the ruling by The Hague is
not applicable. Therefore, the units of the “Armada” of the Republic of Colombia will continue to
exercise sovereignty over these waters and I request that you inform me of your intentions, over
Nicaragua: The State of Nicaragua acknowledges the ruling of the International Court of Justice
and declares that we are in jurisdictional waters of the Republic of Nicaragua, over
Colombia: Received. I reiterate that you are in Colombian jurisdictional waters; you may exercise
the right to free navigation over these waters and I ask you to stay outside of the Colombian
contiguous zone and territorial sea, over
1 The Nicaraguan Coast Guard involved was the GC-403, but Colombia called it GC-401.
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Nicaragua: We exercise [jurisdiction] outside the Colombian contiguous zone and territorial sea…
we are respectful of international maritime law and we confirm that we are in Nicaraguan
jurisdictional waters, over
Colombia: Received. I inform you that you are in the integral contiguous zone of Colombia, over
Nicaragua: We have reviewed our coordinates and as I said…we respect the international
maritime boundaries and we declare that we are in Nicaraguan jurisdictional waters, over.
Colombia: Unit Rodman 401 this is the warship of the “Armada” of the Republic of Colombia, over
Colombia: Unit Rodman this is the warship of the “Armada” of the Republic of Colombia, over
Nicaragua: Go ahead, go ahead… over
Colombia: I inform you that you are in Colombian jurisdictional waters, you have the right to free
navigation. I request that you report your intentions, over
***
Colombia: Rodman Patrol Boat, channel 1.4, 1.4: Rodman Patrol Boat, this is the warship of the
“Armada” of the Republic of Colombia, over
Colombia: Rodman Patrol Boat 401, this is the warship of the “Armada” of the Republic of
Colombia, over
Colombia: Rodman Patrol Boat 401, this is the warship of the “Armada” of the Republic of
Colombia, over
Nicaragua: Go ahead, ARC
Colombia: Rodman Patrol Boat, this is the warship of the “Armada” of the Republic of Colombia,
over
Nicaragua: Rodman Patrol Boat here, over
Colombia: I reiterate that you are in Colombian jurisdictional waters and that you can exercise the
right of free navigation and I request that you confirm your intentions, over
Nicaragua: The State of the Republic of Nicaragua recognizes that it is in jurisdictional waters of
the International Court of Justice, it is respectful of the maritime limits and we declare that we are
not Colombian jurisdictional waters, over
Colombia: From the transmitter, I ask you to change course, take course in direction 270 in order
to avoid entering the Colombian contiguous zone, over
Nicaragua: We are not going to cross any maritime boundary that attempts against the State of
the Republic of Colombia, over
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Colombia: This is the warship of the Armada of the Republic of Colombia, understood
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AUDIO TRANSCRIPTS OF 7 JANUARY 2014
Nicaragua: Pathfinder, this is the Nicaraguan Coast Guard. Over
Colombia: Nicaraguan Coast Guard, this is the warship of the “Armada” of the
Republic of Colombia, I confirm that the research ship of the United States Navy,
Pathfinder, is authorized by Colombia to carry out research in the Exclusive Economic
Zone of Colombia by the government; I request that you do not interfere with their
intentions in these waters. Likewise, I reiterate that you are in the Colombian
Exclusive Economic Zone and that you can exercise the right to free navigation. Over
Nicaragua: Well, I think we have spoken… we recognize that we are in Nicaraguan
jurisdictional waters and that the research ship Pathfinder is not in Colombian waters
at this moment. Over
Colombia: Received – I inform you that the ship, Pathfinder, is in the Exclusive
Economic Zone of Colombia, authorized by the Colombian government. I ask you not
to interfere with the activities of this ship in these waters. Over
Nicaragua: I inform you that the ship, Pathfinder, is not in Colombian waters; when it
is in Colombian waters, we will not have any influence over it; last conversation, over
Colombia: this is the warship of the “Armada” of the Republic of Colombia; received,
have a good day.
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AUDIO TRANSCRIPTS OF 27 JANUARY 2014
Colombia: Caribbean Star…Caribbean Star this is the boat of the “Armada” Republic of
Colombia, over.
Caribbean Star: Go ahead, over.
….
Caribbean Star: yes sir, over.
Colombia: You are navigating in the biosphere reserve recognized by UNESCO, over.
Caribbean Star: I did not understand anything, I did not understand anything. Repeat. Over.
Colombia: Capitain, you are navigating in the natural reserve recognized by UNESCO, over.
Caribbean Star: Ok. Over.
Colombia: On behalf of the Government of the Republic of Colombia I inform you that you
are in the…in the natural reserve Seaflower, which is an area protected by UNESCO.
Therefore, this type of harmful activities are prohibited because they threaten the preservation
of species under control…you are required to move your activity to an area not restricted after
the 90.
Caribbean Star: Ah ok. Copy that. Ok, ok. And what about the treaties of The Hague and
those related matters? Has this been returned to Colombia? Over.
Colombia: Capitain, I inform you that the Government of Colombia has not recognized the
judgment of the…Court of the Hague, therefore I required you…to move to a non-restricted
area.
Caribbean Star: Ah ok. Copy that. Ok, ok,ok. Well, I will aks my people and see what they
have to say, because we have not been informed that we cannot work in these restituted
waters. So, I am going to ask. Over.
Colombia: Understood Capitain, I confirm: the Colombian state has determined that the
judgment of the International Court of Justice is not applicable, therefore the units of the
“Armada” de Colombia will continue exercising sovereignty and control over these waters.
Caribbean Star: Ok. Ok. Correct. We will get our people and go. Correct..„til later.
Colombia: Understood Captain, thank you very much and have a good afternoon.
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AUDIO TRANSCRIPTS OF 1 FEBRUARY 2014
Colombia: ...36.3 north, longitude 81 degrees 52.9 whisky - this is the ship of the
“Armada” of the Republic of Colombia, ARC “Independiente”, good morning,
over.
Nicaragua: Very good morning, Coast Guard 405 of the Navy of the Nicaraguan
Army – routine patrol – I remind you that you are approaching my vessel and you
must remain at a five mile margin.
Colombia: I inform you that you are in Colombian jurisdictional waters – the
Colombian State has determined that the ruling by The Hague is not applicable –
therefore, the units of the “Armada” of the Republic of Colombia will continue
exercising sovereignty over these waters. I request information over your intentions
once again.
Nicaragua: I specify that you are navigating in jurisdictional waters of Nicaragua,
as ratified by the International Court of The Hague.
Colombia: Received – the Colombian State has determined that the ruling by The
Hague is not applicable; therefore, the units of the “Armada” of the Republic of
Colombia will continue exercising sovereignty over these waters, over.
Colombia... This is ARC “Independiente”, over.
Nicaragua: Right – I specify once again that you are navigating in jurisdictional
waters of Nicaragua, as ratified by the International Court at The Hague.
Colombia: Received – this is ARC “Independiente”, ship of the “Armada” of the
Republic of Colombia; I reiterate that you are navigating in Colombian
jurisdictional waters – you may exercise the right to free navigation. I request that
you stay out of the Colombian contiguous zone and territorial waters, over.
Colombia: Nicaraguan ship, this is ARC “Independiente”, ship of the “Armada” of
the Republic of Colombia, over.
Nicaragua: I reiterate to you that I am navigating in restituted waters, restituted by
the International Court at The Hague
Colombia: I inform you that you are in Colombian jurisdictional waters – the state
has determined that the ruling by The Hague is not applicable; therefore, the units
of the Armada of the Republic of Colombia will continue exercising sovereignty
over these wates, over.
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Colombia: …Nicaragua 405, I reiterate that you are in Colombian jurisdictional
waters – you may exercise the right to free navigation – I request that you remain
outside of the Colombian contiguous zone and territorial sea – have a good day,
thank you.
***
Colombia... ARC “Independiente”, good morning, over.
Nicaragua: Tell me, what do you need? What do you need?
Colombia: Good morning, I inform you that you are in Colombian jurisdictional
waters; the state has determined that the ruling by The Hague is not applicable;
therefore, the units of the units of the Armada of the Republic of Colombia will
continue exercising sovereignty over these waters, over
Nicaragua: Right – I repeat once again that you are navigating in jurisdictional
waters of Nicaragua, as ratified by the International Court at The Hague
Colombia: Nicaragua Patrol Boat 405, this is ARC “Independiente”, the ship of
the Armada of the Republic of Colombia; I reiterate that you are in Colombian
jurisdictional waters – you may exercise the right to free navigation – I request that
you remain outside of the Colombian contiguous zone
and territorial sea – over.
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AUDIO TRANSCRIPTS OF 1 FEBRUARY 2014
Colombia: Good afternoon captain, please, I’m asking for your name and nationality
Maddox: Captain....
Colombia: Confirm the latter captain, I did not copy .
Maddox: He’s over there, on the deck …
Colombia: Please, pass me the captain
Colombia: Captain Maddox, good afternoon, this is the ship of the “Armada” of the
Republic of Colombia, ARC Independiente, over.
Maddox: Good afternoon captain, may we be of service in any way?
Colombia: Captain Maddox, I inform you that you are in Colombian jurisdictional waters.
The Colombian State has determined that the ruling by The Hague is not applicable;
therefore, the units of the “Armada” of the Republic of Colombia will continue to exercise
sovereignty over these waters. I request you to inform your intentions.
Maddox: We are working here, fishing here, with traps, over.
Colombia: Received, I confirm; you are working, fishing with traps, over.
Maddox: Affirmative. Over.
Colombia: Received captain, I ask your name please, and nationality.
Maddox: Marvin Giovanny Vanegas Lopez, Honduran, over.
Colombia: Received captain, and the nationality or flag of your vessel?
Maddox: The flag is Honduran with a Nicaraguan permit, over.
Colombia: Received, I confirm, a Honduran flag and Nicaraguan permit.
Maddox: What else? Over
Colombia: Received captain. What port did you leave from?
Maddox: El Bluff Port of Nicaragua, over.
Colombia: How long, how long have you been fishing in this area?
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Maddox: We have 21 days, over.
Colombia: Received captain, and to what date do you expect to remain in the area?
Maddox: We are here until the 28th.
Colombia: Of what?
Maddox: Until the 28th of February, over.
Colombia: Received captain, thank you, I reiterate that the Colombian State has
determined that the ruling by The Hague is not applicable. Nonetheless, by decision of the
national government, you are allowed to remain in this area to carry out fishing activities.
While you remain in this maritime space, you must comply with the standards that regulate
the exploitation of natural resources. Likewise, you must be cautious and avoid actions that
may be deemed as hostile. I inform you that you are in an area especially protected by
UNESCO, where industrial exploitation of resources and the use of depredatory fishing
practices, such as diver fishing, is not authorized. Over.
Maddox: We know. We already know that, correct, we don’t fish using divers, there it’s
only traps, over.
Colombia: Received captain, thank you very much; we will remain here, in this area, in
attention to any situation – have a nice afternoon, good fishing, channel 1-6.
Maddox: Thank you, the same to you Lieutenant...
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AUDIO TRANSCRIPTS OF 2 FEBRUARY 2014
Colombia: ... 40 degrees, 41 minutes north, 81 degrees, and 45 minutes west – This is the Ship of the
Republic of Colombia, ARC “20 de Julio”, over.
Nicaragua: Go ahead, the Nicaraguan Coast Guard 405 here – I inform you that you are navigating in
jurisdictional waters of the country of Nicaragua according to what was decreed by the International
Court of Justice of The Hague on November 19, 2012.
Colombia: Nicaraguan Coast Guard Ship, this is ARC “20 de Julio”. I inform you that …you are in
jurisdictional waters of Colombia. The Colombian State has determined that the ruling by The Hague is
not applicable; therefore, the units of the “Armada” of the Republic of Colombia will continue
exercising sovereignty over these waters. I request that you inform your intentions…
Nicaragua: I am going toward the Dora María vessel; it requested my support, support, as it has a
problem there in the machine.
Colombia: Nicaraguan Coast Guard Ship, this is ARC “20 de Julio”. I inform you that at this moment,
we are providing support to the Dora María vessel, which requested our support – we are solving the
problem in the drive engine and we are about to finish repairing it, over.
Nicaragua: Right, I’m going in that direction, toward the vessel, we will be there at a certain distance…
Colombia: This is ARC “20 de Julio”, received.
Colombia: I reiterate that you are in Colombian jurisdictional waters – you may exercise the right to
free navigation in these waters – I request that you stay out of the contiguous zone and territorial sea of
Colombia, over.
Nicaragua: Restituted by the International Court of Justice of The Hague on 19 of 11 of the year 2012.
Colombia: this is ARC “20 de Julio”, received. I invite you to exercise caution as required in these
cases, over and out-
......
***
Nicaragua: Captain, do you have foreign personnel on board?
Dora María: We asked them for help, we asked them for help because we had problems there… But I
wanted to explain it to the sergeant but he you couldn’t hear me, over
Nicaragua: Right. What problem do you have in your engine captain?
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Dora María: The spring broke, the spring in the pump and injector, the return pump that triggers the
injection pump... Then, it broke... they were passing by and we asked them for help. But I wanted to
explain there to the sergeant but he doesn’t hear me, the “Rio Grande” doesn´t hear me... I don’t know
why he can’t hear me well. They already placed the spring and they left. Over.
Nicaragua: …Will you solve the problem in the engine?
Dora María: Yes, they manufactured it; they came only to bring the spring here. Here we have the
broken spring; they provided us with the spring. …I wanted to explain something to the sergeant but he
can’t hear me by radio, I don’t know why he can’t hear me. I wanted to say something by the can´t hear
me. I don´t know if he can´t hear you, but he can´t hear me. There, the ones that came to give us the
spring already left… over.
Nicaragua: Right, then, Dora María, I am going toward your position there.
Dora María: We will wait for you, we already turned on the machine… we will wait for you. Over.
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AUDIO TRANSCRIPTS OF 5 FEBRUARY 2014
Colombia: … The “Armada” of the Republic of Colombia, ARC “20 de Julio”, good afternoon. I
inform you that you are in Colombian jurisdictional waters – the Colombian State has determined
that the ruling by The Hague is not applicable; therefore, the units of the Armada of the Republic
of Colombia will continue to exercise sovereignty over these waters. I request that you inform
your intentions.
Nicaragua: I ratify that you are navigating in jurisdictional waters of Nicaragua according to the
ruling issued by the International Court of Justice of The Hague on the 19th of 11 of the year 2012.
Colombia: Nicaraguan units that are located at coordinates 14 degrees, 44.2 north, 81 degrees,
39.6 whiskies; this is the ship of the “Armada” Republic of Colombia ARC “20 de Julio”. I reiterate
that you are in Colombian jurisdictional waters. You may exercise the right to free navigation over
these waters. I request that you stay outside of the Colombian contiguous zone and territorial
waters. Over.
Nicaragua: I ratify that you are navigating in jurisdictional waters of the country of Nicaragua as
ratified by the International Court of Justice of The Hague on the 19th of 11 of the year 2012.
Colombia: Nicaraguan units that are located at coordinate 14 degrees, 44.1 minutes north, 81
degrees, 39.08 minutes whiskey; this is the ship of the “Armada” Republic of Colombia ARC “20 de
Julio”. I reiterate that you are navigating in Colombian jurisdictional waters. You may exercise the
right to free navigation over these waters. I request that you stay outside of the Colombian
contiguous zone and territorial waters. Over.
***
Colombia: vessels moored at coordinates 14 degrees, 44.3 north, 81 degrees, 39.6 whiskeys, this
is the warship of the “Armada” Republic of Colombia, good afternoon.
Nicaragua: …we should have a margin.
Colombia: you may exercise the right to free navigation over these waters. I request that you stay
outside of the Colombian contiguous zone and territorial waters.
Nicaragua: What are your intentions? You are getting closer and you are fully aware that you
cannot be near me…
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AUDIO TRANSCRIPTS OF 8 MAY 2014
Colombia: ... Nicaraguan, in position latitude 14 degrees, 39.3 minutes north, longitude
081 degrees, 50.5 minutes west, bound 074, speed 9.7 knots; this is the Coast Guard of the
“Armada” of the Republic of Colombia, interrogating your intentions, over.
Nicaragua: ARC “20 de Julio”, Coast Guard 201 of the Navy of Nicaragua here; my
intentions are to patrol the waters restituted to the Republic of Nicaragua through the ruling
of November 19, 2012 by the International Court of Justice, over.
Colombia: Warship 201 of the Navy of Nicaragua, let´s change to channel 14.
Colombia: Warship 201 of the Navy of Nicaragua, this is the Coast Guard of the Armada
of the Republic of Colombia
Nicaragua: Go ahead ARC “20 de Julio”, Coast Guard 201 of the Republic of Nicaragua,
over
….
***
Colombia: … the unit will have to defend itself and you will be responsible of the
consequences if you disregard this call. I recommend that you alter or change your course
immediately and get away from the unit. I remind you that this is a unit of the Coast Guard
of the “Armada” Republic of Colombia, which is protecting the historical fishing rights of
the Colombian State, providing security to all the vessels in the area, and developing
operations against transnational crime. This communication is being recorded for legal
purposes – at the moment your unit is two nautical miles away from my unit. Thank you for
your collaboration.
Nicaragua: ARC “20 de Julio”, Coast Guard 201 of the Republic of Nicaragua here – as I
reiterated previously, my intentions are to perform, exercise sovereignty over the waters
restituted to the Republic of Nicaragua through the ruling on November 19, 2012 by the
International Court of Justice, by implementing the naval patrol over such waters. My
functions and my current tasks are to fight against drug trafficking, search and rescue of
vessels requiring it and the safety of the fishing fleet. Over.
Colombia: Warship of the Navy of the Nicaraguan Army, this the Coast Guard vessel of
the “Armada” of the Republic of Colombia. I reiterate captain, you are entering into the
vital area of my unit. I request that your confirm your intentions and stay more than two
miles away of my unit, if you approach us at less than two miles, it will be considered as a
hostile act or intention and the unit will have to defend itself and you will be responsible for
the consequences if you ignore this call. I recommend that you immediately alter or change
your course to move away from the unit. I remind you that this is a unit of the Coast Guard
of the “Armada” Republic of Colombia, which is protecting the historical fishing rights of
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the Colombian State, providing security to all the vessels in the area, and developing
operations against transnational crime. This communication is being recorded for legal
purposes. I request that you confirm whether you understood my last proclamation. Thank
you very much for your collaboration.
Nicaragua: ARC “20 de Julio”, I effectively understood your last communication. I
reiterate my intentions: to perform and exercise sovereignty of the waters restituted to the
Republic of Nicaragua through the ruling of the International Court of Justice on November
19, 2012; to fight against drug trafficking; search and rescue the vessels that require it and
provide safety to fishing fleet – I have no intentions of entering into a confrontation with
your unit, over.
Colombia: Warship of the Navy of the Nicaraguan Army – this the Coast Guard vessel of
the “Armada” of the Republic of Colombia, understood. I request that you remain at a
distance of two miles from my unit; I request that you change your course and proceed to
move away more than two miles of distance from my unit. Over.
Nicaragua: ARC “20 de Julio”, Coast Guard 201 of the Republic of Nicaragua here – my
course is set to where my command orders me; I will not change my course, as long as it
does not represent any danger for my unit, and obviously for yours. Likewise, I inform you
that this conversation is being recorded for remittal to the competent authorities. Over.
Colombia: Warship of the Navy of the Nicaraguan Army – this the Coast Guard vessel of
the Armada of the Republic of Colombia; I request that you confirm your course and speed,
over .
Nicaragua: ARC “20 de Julio”, Coast Guard 201 of the Republic of Nicaragua here – I am
not authorized to inform you of my course or speed, over.
***
Colombia:…of the “Armada” Republic of Colombia, at the moment your course is 165
grades, speed 10 knots and at this moment you are at 1.5 miles from my unit. I request that
you confirm your intentions, and I request that you stay away more than…2 miles from my
unit. This is being considered as an act of hostile intentions and the unit will have to defend
itself. You will be responsible for the consequences if you ignore this warning. I
recommend that you alter or change your course to move away from the unit.
Nicaragua: ARC “20 de Julio”, Coast Guard 201 of the Republic of Nicaragua here. I
repeat that my intentions are: to exercise sovereignty of the waters restituted to the
Republic of Nicaragua by the International Court of Justice, to fight against drug
trafficking; control illegal fishing activities, search and rescue the vessels that require it and
provide safety to fishing fleet. I have no intentions of entering into a confrontation with
your unit, over. Likewise, I inform you that this conversation is being recorded for remittal
to the competent authorities. Over.
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Colombia: Warship of the Navy of the Nicaraguan Army, this the Coast Guard vessel of
the “Armada” of the Republic of Colombia. Captain, you are entering into the vital area of
my unit. I request that your confirm your intentions and stay more than two miles away of
my unit. If you approach us at less than two miles, it will be considered as a hostile act or
intention and the unit will have to defend itself. You will be responsible for the
consequences if you ignore this call. I recommend that you alter or change your course to
move away from the unit. I remind you that this is a unit of the Coast Guard of the
“Armada” Republic of Colombia, which is protecting the historical fishing rights of the
Colombian State, providing security to all the vessels in the area, and developing operations
against transnational crime. This communication is being recorded for legal purposes. I
request that you confirm whether you understood my last proclamation. Thank you very
much for your collaboration.
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AUDIO TRANSCRIPTS OF 28 JULY 2014
Nicaragua: …. Blue and white colored, identify yourself
....
Nicaragua: Who is transmitting there?
Doña Emilia: Doña Emilia motor boat, over.
Nicaragua: Correct. With the captain of the motor boat Doña Emilia, is he speaking?
Nicaragua: Correct captain, good afternoon, this is the captain of Coast Guard 405 of the
Navy of the Nicaraguan Army
Doña Emilia: Correct, I can see you; we are here, struggling, gathering these dory; we will
see how today goes…
Nicaragua: Copied – When did you leave port?
Doña Emilia: Today is my ninth day, over
Doña Emilia: ...From Corn Island, over
Doña Emilia: This is my ninth day, over
Nicaragua: Correct boat Doña Emilia; you’ve been out for nine days, I copied, over
Doña Emilia: Yes, over
Nicaragua: Correct. I understand you’ve been fishing close to this area, right?
Doña Emilia: ... We were in the north, then we went to … and I came here today, I came to
this area today… over
Nicaragua: Captain, how many crew members do you have on board, including divers and
“cayuqueros”?
Doña Emilia: I have 22 “cayuqueros”, divers and 22 “cayuqueros” and 11 crewmen, 11
crewmen, over
Nicaragua: Copied Captain, what irregular situations have you detected in the area?
Doña Emilia: The second day we did have a mishap there with the Colombian patrol boat,
here in the northeast, but no, they just came there to … They told us that that it was
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forbidden to work there, that those waters belonged to them. They always pass by bothering
us. But we ignored them and continued working and then they left toward the east, over.
Nicaragua: Copied captain –Be aware of the fact that you are in jurisdictional waters of the
Government and State of Nicaragua; therefore, the arguments of the Colombian patrol
boats have no basis, no legal basis…
Doña Emilia: I told them that my lieutenant told me that I could work well, so I did not
pay attention to them and did not answer anymore because the Navy in Puerto Cabezas told
me so. So, I continued working and after that, they left toward the east, over
Nicaragua: Correct, Captain, we are going to perform a routine inspection, so please stop
and wait there for our vessel and we will perform a routine inspection. Copied?
Doña Emilia: Copied, copied, over .
Nicaragua: Correct, stay tuned.
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344
Annex 24
Location of Reported incidents in the Luna Verde Area
345
346
LATITUD N LONGITUD W LATITUD N LONGITUD W LATITUD N LONGITUD W
1 13-10-2013 14˚50’00’’ 81˚42’00’’ * *
2 19-10-2013 14˚36’00’’ 81˚50’00’’ 14˚36’00’’ 81˚50’00’’
3 29-10-2013 14˚36’00’’ 81˚55’00’’ 14˚36’00’’ 81˚55’00’’
4 29-10-2013 14˚37’00’’ 81˚58’00’’ 14˚37’00’’ 81˚58’00’’
5 30-10-2013 14˚36’00’’ 81˚55’00’’ 14˚36’00’’ 81˚55’00’’
6 30-10-2013 14˚37’00’’ 81˚55’00’’ 14˚37’00’’ 81˚55’00’’
7 31-10-2013 14˚36’00’’ 81˚55’00’’ 14˚36’00’’ 81˚55’00’’
8 7-11-2013 14°50’00’’ 81°53’00’’ * *
9 17-11-2013 14°50’00’’ 81°45’00’’ * *
10 17-11-2013 14°45’00’’ 81°49’00’’ 3MN *
11 19-11-2013 14˚35’00’’ 81˚55’00’’ 14˚35’00’’ 81˚55’00’’
12 21-11-2013 15°00’00’’ 81°44’00’’ 15°00’00’’ 81°44’00’’
13 24-11-2013 15°00’00’’ 81°44’00’’ 15°00’00’’ 81°44’00’’
14 25-11-2013 14°50’00’’ 81°37’00’’ 14°50’00’’ 81°37’00’’
15 2-1-2014 14°50’00’’ 81˚40’00’’ 14°46’20’’ 81°46’37’’
16 7-1-2014 * * 14°42’00’’ 81°39’00’’
17 25-1-2014 14°55’00’’ 81˚40’00’’ 14°51’00’’ 81°46’00’’
18 27-1-2014 14°47’00’’ 81°52’00’’ 14°26’00’’ 81°55’00’’
19 27-1-2014 14°44’00’’ 81˚47’00’’ 14°26’00’’ 81°55’00’’
20 29-1-2014 * * 14°30’00’’ 81°50’00’’
21 1-2-2014 14°35’00’’ 81˚46’00’’ 14°44’00’’ 81°39’00’’
22 2-2-2014 14°40’01’’ 81°50’08’’ 14°44’00’’ 81°39’00’’
23 5-2-2014 14°44’01’’ 81°39’08’’ * *
24 6-2-2014 14°44’00’’ 81°49’00’’ 3 NM N * 14°47’00’’ 81°49’00’’
25 13-2-2014 14°48’00’’ 81°36’00’’ 3 NM NE * 14°50’00’’ 81°34’00’’
26 14-2-2014 14°56’00’’ 81°35’00’’ * *
27 20-2-2014 14°50’00’’ 81°50’00’’ 4 NM SE * 14°47’00’’ 81°47’00’’
28 21-2-2014 14°49’00’’ 81°49’00’’ 4 MN SE * 14°46’00’’ 81°46’00’’
29 22-2-2014 14°49’00’’ 81°49’00’’ 4 MN SE * 14°46’00’’ 81°46’00’’
30 3-3-2014 14°47’00’’ 82°42’00’’ 10 MN *
31 9-3-2014 14°39’00’’ 81°46’00’’ 14°39’00’’ 81°46’00’’
32 11-3-2014 14°53’00’’ 81°40’04’’ 14°53’00’’ 81°40’04’’
33 12-3-2014 14°44’00’’ 81°50’00’’ * *
34 13-3-2014 14°43’00’’ 81°45’00’’ * *
35 3-4-2014 14°44’00’’ 82°00’00’’ 10 MN East * 14°44’00’’ 81°50’00’’
36 3-4-2014 14°44’00’’ 82°00’00’’ 10 MN East * 14°44’00’’ 81°50’00’’
37 15-4-2014 14°41’00’’ 81°46’00’’ 3 MN SE * 14°39’00’’ 81°44’00’’
38 15-4-2014 14°41’00’’ 81°46’00’’ 14°41’00’’ 81°46’00’’
39 8-5-2014 14°38’00’’ 81°48’00’’ 2 MN *
40 28-7-2014 14°29’00’’ 81°53’00’’ * *
41 18-8-2013 * * 14°05’12”N 081°56’50”W
42 20-7-2014 14°23’00” 081°56’00” 14°23’00” 081°56’00”
43 20-7-2014 14°25’00” 081°53’00” 14°25’00” 081°53’00”
44 20-7-2014 14°23’00” 081°59’00” 14°23’00” 081°59’00”
45 20-7-2014 14°23’00” 081°58’00” 14°23’00” 081°58’00”
46 20-7-2014 14°20’00” 081°58’00” 14°20’00” 081°58’00”
47 20-7-2014 14°25’00” 081°58’00” 14°25’00” 081°58’00”
NICARAGUAN No DATE POSITION COLOMBIAN POSITION
TABLE 1. COORDINATES OF INCIDENTS
CALCULATED OFFSET
Annex 24
347
LUNA VERDE
14°N
14°30'
15°
82°W
14°N
14°30'
15°
82°W
81°40’
81°40’
17
18
20
37
16
25
21
24 27
33
35
36
15
28
1
2
40
4
39
6
3
8 9
10
11
38
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
35
36
28
30
31
32
33
34
2
3
4 6
5 5
7 7
11
12
13
14
31
32
38
Nicaraguan position
Colombian position
Numbers refer to Annex 1 Table 1
LOCATION OF
REPORTED INCIDENTS IN
THE LUNA VERDE AREA
0 5 10 M
WGS84/Mercator (14°)
41
42
43
44
45
46
47
42
43
44
45
46
47
Annex 24
348
1 1
•
'
1
■
- - - t ■ ■
•
•
• ■ ■ •
• •■
1 • • •
•
■
■
■ •
■ ■
■ 1
■ •
• / ■
■ ■
■ ■ ■ / -
■ •
■
Annex 25
“ICJ ruling on San Andres a 'serious judgment error':
Santos”, Colombia Reports
20 November 2012
349
350
ICJ ruling on San Andres a ‘serious judgement error': Santos
Nov 20, 2012 posted by Simon Willis
Colombia’s president Juan Manuel Santos believes the ICJ court made a “serious
error is judgement” in its decision to hand over large chunks of sea around the
island of San Andres to Nicaragua.
In a speech Santos said that his government would “not rule out any action” to
defend Colombia’s rights, especially those of the inhabitants on the island of San
Andres and surrounding archipelago, on this matter.
Despite the ruling by the International Court of Justice on Monday determining
that the islands will remain Colombia’s sovereignty, much of the sea surrounding
the area now belongs to Nicaragua – which could potentially have damming
consequences on the local fishing industry.
Santos was quick to lament the court’s decision which would “seriously and
adversely affect” Colombia, while also revealing his determination to “finding
solutions” for those affected by the ruling.
“Inexplicably, after recognizing the sovereignty of Colombia over the
Archipelago, and arguing that this, as a unit, generates the rights of a continental
shelf and an exclusive economic zone, the Court adjusted the delimitation line,
leaving the keys in Serrana, Serranilla, Bajo Nuevo Quitasueño and separate from
the rest of the archipelago.” he said.
Annex 25
351
“This is inconsistent with what the Court itself had recognized, and is not
compatible with the geographical concept of what is an archipelago.
“All these are omissions, errors, excesses, inconsistencies, we cannot accept
them,” he said.
Santos continued, “The Court, in its ruling, draws a line beginning on the west of
the archipelago, between our islands and the coast of Nicaragua. Whilst this is
positive for Colombia, the Court, to draw the maritime boundary, made mistakes I
should emphasize serious and adversely affect us.”
Following the ruling San Andres Governor Aury Guerrero told press that “it was
foreseeable that the islands’ fishermen would be stripped of opportunities.” The
governor said that most of the fish the Colombians depend on are now in
Nicaraguan waters.
It is a concern held by Santos, who was quick to reassure residents of the island
that the Colombian government was doing all it can to find a solution.
“Today I want to tell Sanandresanos we are committed to finding practical
mechanisms and strategies and results… in particular for those who at any time
are unaware of their rights
Available at
http://colombiareports.co/icj-ruling-on-san-andres-a-serious-judgement-…
Annex 25
352
Annex 26
“International Court Gives Nicaragua More Waters,
Outlying Keys to Colombia”, Dialogo
21 November 2012
353
354
2012-11-21
International Court Gives Nicaragua More Waters, Outlying Keys to Colombia
1 Comment
International Court of Justice representatives listen to the reading of the judgement in the
territorial and maritime dispute between Nicaragua and Colombia, in The Hague on
November 19, 2012. (Photo: AFP / ANP Bas Czerwinski)
AFP/Luis Torres de la Llosa
The International Court of Justice (ICJ) expanded Nicaraguan maritime sovereignty over
the Caribbean, but kept part of San Andrés island’s western border as Colombia wanted,
and gave the South American country all disputed keys in an area rich in oil and other
resources.
The ICJ determined an irrevocable ruling over a large part of the maritime border
between Colombia and Nicaragua. Both countries had previously committed to
unconditionally accepting the ruling, after several decades of bilateral disputes.
Colombia, the first of both countries to react, rejected the new maritime delimitation.
“When demarcating the maritime borders, the Court committed serious mistakes that I
must highlight, and which affect us negatively … these are all omissions, errors, excesses,
inconsistencies that we cannot tolerate,” President Juan Manuel Santos said to the country
after the ruling.
On the other hand, Santos was pleased with the ratification of the Colombian sovereignty
over islands and keys, and he did not specify how he would oppose the maritime
demarcation stipulated in the ICJ ruling, which is considered irrevocable.
Annex 26
355
“We shall not discard any resources conceded by the international law,” said the head of
state.
His Nicaraguan counterpart, Daniel Ortega, considered the ICJ ruling as a “national
victory” that had restored maritime spaces taken by Colombia in the Caribbean, and
urged the South American nation to respect the high court’s decision.
The ruling that came from the 15 judges of the ICJ – the main judicial body of the United
Nations, which have universal jurisdiction – was submitted in The Hague in a two-hour
presentation by the court’s main representative, Peter Tomka.
“The Court concludes that Colombia, not Nicaragua, had sovereignty” over the islets in
dispute, indicated Tomka. He was referring to the Albuquerque, Bajo Nuevo, Este-
Sudeste, Quitasueño, Roncador, Serrana and Serranilla keys.
The other aspect of the dispute was the demarcation of the maritime border, in which the
Nicaraguan jurisdiction was extended from the east of the 82nd meridian to Colombia’s
current jurisdiction. In this way, the ruling favored Managua so as to compensate what
was considered an “important disparity” benefitting Bogotá.
Tomka spoke in detail about the coordinates of the new border, which extends the
Nicaraguan sovereignty towards the east, but maintains a portion of the Colombian
jurisdiction up to San Andrés and Providencia islands, as well as in a ratio of only 12
nautical miles around the Colombian keys of Serrana and Quitasueño, rich in fish,
lobsters and conch.
The Court did not specify the total maritime extension attributed to each country, since
there are two sections that remain without demarcation toward the east: the judges did not
want to extend their ruling beyond 200 miles off shore.
Available at
http://dialogoamericas.
com/en_GB/articles/rmisa/features/regional_news/2012/11/21/featureex-
3687
Annex 26
356
Annex 27
“Message from President Daniel to the People of
Nicaragua”, El 19 Digital
26 November 2012
357
358
El 19 Digital
DISCURSOS
Message from President Daniel to the People of Nicaragua
Monday, November 26, 2012 | Communication and Population Council
Good evening Nicaraguan brethren, Nicaraguan families; it’s been a week since
we informed from Revolution Plaza, next to the House of Peoples, the great news
whereby the International Court of Justice ruled in favor of Nicaragua by
awarding us more than 90,000 kilometers of seafaring territory. Namely, since
that date, since November 19, 2012, Nicaragua has a much larger territory than it
had before such date, thanks to the battle that the Nicaraguan people waged
together to achieve such great victory.
Hence, we refer to the reactions of the President of Colombia, Juan Manuel
Santos, and to our concerns for the manner in which he was reacting by rejecting
the ruling of the Court. During the days following the ruling, President Santos
toughened his position by adding to his words, the mandate to the Naval Forces of
the Colombian Armada to multiply their surveillance activities in territories
awarded by the International Court of Justice as maritime territories to Nicaragua.
In view of President Santos’ message, of the decision by President Santos, the
Government of Nicaragua reacted very calmly, with the enormous responsibility
set by the fact that we obtained a great victory; knowing and understanding that
this is a victory that we are compelled to turn into a reality. We have been waiting
and expect the Government of Colombia to decide, once and for all, to comply
with the ruling of the Court. We established contact with the authorities of the
Government of Colombia in order to advance more quickly toward compliance
with the mandate of the International Court of Justice in The Hague.
On Saturday, we met with the colleagues here present and decided to take a series
of steps in order to start implementing, on our part, the ruling by the Court. These
steps include the authorization, by Nicaraguan authorities in charge of the
fisheries regime, for Nicaraguan fishermen so that they can fish in that new
maritime territory, which belongs, belonged and now legally belong once again, to
Nicaragua in accordance with the Court’s ruling.
Annex 27
359
We must start coordinating these types of actions through the Ministry of Foreign
Affairs, the Fisheries Authorities, with sister nations who perform fishing tasks in
that area, who requested at the time, fishing permits from the Colombian
authorities… What should we say to these sister nations, including the people of
Colombia and the Raizal brethren that are in San Andres, what should we say?
That Nicaragua will authorize their fisheries in that area, where they have
historically practiced fisheries, both artisanal and industrial fisheries, in that
maritime area, in that maritime space, where even before the ruling by the Court,
the permit was granted by Colombia and now, the permit is granted by Nicaragua.
We are working on this, we are making contact with those governments that
represent those peoples, those communities, those companies that develop
fisheries in that entire maritime territory. We are speaking with Costa Rica, we are
speaking with Honduras, we are speaking with Jamaica, and we are speaking with
Colombia itself. In other words, we are not denying the right to fish to any sister
nation, to any peoples; plainly, the permit is now requested from Nicaragua. That
is the principle we are addressing.
……….
And I was telling you that a good portion of these Native Peoples found in the San
Andres Archipelago are natives from the Caribbean Coast of Nicaragua; they have
permanently connected, and regardless of the situation we had with the Sister
Republic of Colombia… they have always communicated! Since it is nearby, they
travel to Bluefields, from Corn Island to San Andres; they come from San Andres
to visit their relatives in Corn Island, they come to visit their relatives in
Bluefields, Pearl Lagoon; that is, they are the same peoples, and logically, the
Native Peoples don’t make any distinctions of any type.
Therefore, we tell them that precisely being respectful of the Principle of the
Native Peoples, we fully respect their right to fish and to navigate those waters,
which they have historically navigated, and have also survived from the marine
resources. They have been there, communicating with their relatives in Bluefields,
in Corn Island, according to reports from our Brethren from the Caribbean Coast,
they are communicating and wish to strengthen their relations… magnificent! Of
course we have to strengthen relations! This must be a source of great security for
the Raizal Peoples; great security in that Nicaragua is respectful of the Native
Peoples, particularly the Native Peoples that inhabit the Caribbean Coast of our
country. They are part of that reality.
Annex 27
360
I also mentioned industrial fisheries; I was saying that we must work on the
Limits and Fisheries Agreements with Jamaica, Honduras, Costa Rica and
Colombia. I had already mentioned this, which is very important. And, I want to
inform you that through the contacts we are establishing with the Government of
Colombia, we have stated that Nicaragua is ready to implement the ruling by the
International Court of Justice. We are ready and we are prepared.
We area also progressing with all of the steps I mentioned. At a meeting held last
Saturday, we instructed General Julio Cesar Aviles, head of the Nicaraguan Army,
that we have acted discretely, and we must undoubtedly act with discretion… We
love peace! We do not want any type of confrontation with our Colombian
brethren; but since we had given, practically from Monday to Saturday, five or six
days to begin advancing in the implementation of the Agreements.
……..
And as I was saying we are ready to implement the Agreements; this is what we
informed the Government of Colombia, that we are ready, we are waiting to
proceed with the formal implementation of the Agreements, based on the ruling
issued by the International Court of Justice; how can we implement this in a
manner that is not traumatic.
Until recently, not too long ago, surveillance was exercised by the Colombian
Navy, by the Colombian Air force up to November 19th; they exercised
surveillance in the area. And every time that our vessels, the Nicaraguan Coast
Guard, Nicaraguan Navy vessels penetrated into the area, it was cause of
tremendous tension… we recall the last vessel that was performing a study in the
area and it was immediately blocked by a ship of the Colombian Navy.
So, when we speak of implementing the Agreements of the Ruling, the decision
by the International Court of Justice in The Hague, is that this is similar to when
there is a change in government. Namely, with their strength, they had control of
the area in the past, but now the strength does not stem from force but rather from
a ruling; and it mandates that we exercise sovereignty in the area, that we patrol
the area as Nicaraguans.
………
Namely, that as Nicaragua starts exercising sovereignty in the area, as we are now
doing with the Navy and with the Air force, we must start formally establish new
Annex 27
361
Conventions with Colombia to combat drug trafficking and organized crime in the
same manner so that we can have a normal situation… These Agreements involve
combatting drug trafficking and organized crime because we must all unite our
forces in this; we must make agreements on matters of fisheries with Colombia
and with all of the other countries that fish in the area.
These agreements also relate to situations aimed at a very important subject which
represents an enormous commitment to Nicaragua and that is the Environment.
There are areas there, such as the Seaflower Biosphere Reserve. UNESCO
declared this area as a Reserve on November 9, 2000 and incorporates all of the
San Andres Archipelago. There are 391 Ecological Zones of this type in the entire
planet; this is one of the 391 Ecological Zones, which contain much wealth, many
species; it has coral formations and a vast extension. This is a reserve that was
under the domain of Colombia in the past and now incorporates part of the
maritime territory belonging to Nicaragua as of November 19th; it also
incorporates maritime territory belonging to Colombia.
Therefore, we are speaking of a series of subject matters, wherein Nicaragua is
already working and will continue to work in order to guarantee compliance with
the ruling of November 19, 2012 by the International Court of Justice; so that the
ruling can be applied in a comprehensive manner, fully and completely, in the
best and most harmonious and respectful manner between the People and
Government of Nicaragua and the People and Government of Colombia. Thank
you dear Nicaraguan brothers and sisters.
Available at
http://www.el19digital.com/articulos/ver/titulo:7369-mensaje-del-presid…-
al-pueblo-de-nicaragua
Annex 27
362
Annex 28
“Caribbean Crisis: Can Nicaragua Navigate Waters It
Won from Colombia?”, Time World
28 November 2012
363
364
Latin America
Caribbean Crisis: Can Nicaragua Navigate Waters It Won from Colombia?
The International Court of Justice has awarded Nicaragua massive new maritime
territory in a dispute with Colombia. Bogotá is angry — and analysts are skeptical
that Managua can patrol such a large sea tract
By Tim Rogers / Managua Nov. 28, 2012
BAS CZERWINSKI / AFP / Getty Images
Nicaraguan Foreign Minister Samuel Santos, left, and Julio Londoño Paredes,
head of the Colombian delegation, arrive at the International Court of Justice
before the reading of the judgment in the dispute between Nicaragua and
Colombia on Nov. 19, 2012
With pen and gavel, the U.N.’s International Court of Justice (ICJ) in the Hague
last week redrew the maritime map between Colombia and Nicaragua — doubling
Nicaragua’s exclusive economic zone in the Caribbean Sea by 100,000 sq km
(38,600 sq. mi.). But the ICJ may have doubled Nicaragua’s trouble as well, not
just because Colombia heatedly rejects the ruling — this week Colombian
warships defiantly continue to ply Nicaragua’s newly acquired maritime territory
— but also because the decision hands the small, impoverished Central American
nation more water than it can likely swallow, creating potential new tensions in
the pond of the Americas.
The government of Nicaraguan President Daniel Ortega is celebrating its
“recovery of sovereignty.” For starters, it can now grant broader and more
lucrative concessions for fishing and oil exploration. Problem is, not everyone
will be seeking government permission to exploit the area. For northbound drug
runners supplying the hemisphere’s $40 billion illegal-narcotics trade, the courtordered
changing of the guard from Colombia, Latin America’s largest navy, to
Nicaragua, one of the region’s smallest, might look like an open invitation to
literally test the waters. “The narcos will undoubtedly probe the Nicaraguan
capabilities to patrol their expanded territorial waters,” says Bruce Bagley, a drugwar
expert at the University of Miami. “If they prove inadequate or incapable,
then the drug traffickers will certainly press their advantage.” The ICJ’s decision,
Bagley predicts, “could easily and rapidly become a major boon for traffickers
from Colombia, Mexico and Central America.”
Annex 28
365
Despite its size, Nicaragua has long prided itself on establishing a “firewall” in the
drug war, which has soaked other Central American nations in narco bloodshed.
Nicaragua’s top military brass, General Julio César Aviles, insists Nicaragua does
have the “professional capacity as mariners to carry out this task” of expanding its
permanent patrol. Others are less convinced. With limited resources, personnel,
air support and only three go-fast patrol boats capable of remaining out at sea for
more than a day, the country’s ability to protect such an expansive sea tract —
which now reaches 200 nautical miles from its shoreline — is dubious at best.
“Our victory in the Hague was a bitter fruit,” says Roberto Cajina, an expert
on Nicaraguan security and defense, “because Nicaragua does not have the
capacity to guarantee permanent security of its newly acquired maritime zone.”
Colombia is also concerned about security issues. The drug-war argument was a
linchpin of Colombia’s defense during the 11-year-long ICJ litigation, which
focused on Nicaragua’s claim that Colombia unlawfully grabbed Nicaraguan
territory back in the 1920s. But the ICJ ruled that maritime security is not a valid
argument in cases to determine sovereignty. So now Colombia is appealing its
security argument to the court of public opinion and bucking international law in
the process.
More than a week after the Nov. 19 ruling, Colombian President Juan Manuel
Santos insists the decision is “seriously wrong” and replete with “omissions,
errors, excesses and inconsistencies that we cannot accept.” On Wednesday,
Santos announced that his country has officially withdrawn from the treaty that
recognizes the ICJ’s authority. “Borders between the states should be established
by the states,” Santos tweeted, repeating his call for bilateral talks with Nicaragua
on the court ruling. Colombian power brokers like conservative ex-President
Alvaro Uribe, Santos’ predecessor, are also turning to Twitter to incite patriotic
passions. “Court rulings that violate a country’s sovereignty are rejected,” Uribe
tweeted to his 1.6 million followers on Friday.
Many Latin American analysts think Colombia will eventually calm down and
accept the ICJ’s ruling rather than become a rogue nation. “Colombia is too
sophisticated to continue behaving” that way, says Nicaragua’s Arturo Cruz, a
political-science professor at Managua’s INCAE business school. “Colombia will
eventually realize that they would lose a lot more by defying the International
Court of Justice than they will by ceding part of the Caribbean Sea.” Ortega
believes Colombia has no choice but to accept the ICJ’s ruling, which is definitive
and unappealable. “Colombia will recognize the ruling by the International Court
of Justice, because there is no other way forward,” the Sandinista strongman
insisted.
Annex 28
366
Nicaragua’s disputed claim to the Caribbean waters and the archipelago anchored
by the “big islands” of San Andrés, Providencia and Santa Catalina dates back to
the 1928 Esguerra-Bárcenas Treaty, which gave Colombia ownership of the
islands but did not establish maritime borders. Colombia arbitrarily made the
82nd meridian the provisional limit of Colombian waters — a move that nearly
halved Nicaragua’s maritime territory and largely blocked its access to the
Caribbean. Ortega’s government argued that Esguerra-Bárcenas was invalid
because it was signed during a period of U.S. military intervention in Nicaragua.
The ICJ finally came to the Solomonesque decision to recognize Colombia’s
claim to the islands but double Nicaragua’s sea zone to the north and south of
them.
The new boundaries are clearly delineated in degrees, minutes and seconds. Still,
Nicaragua will most likely have to honor Colombia’s request to negotiate them
because it doesn’t have the means to assert its sovereignty otherwise. “This isn’t
even a David-vs.-Goliath situation, because in this case David doesn’t even have a
rock to put in his sling,” says Cajina, noting that Nicaragua’s military budget is
less than 1% of Colombia’s annual defense expenditures, which are greater than
Nicaragua’s entire GDP. What’s more, Nicaragua’s military cooperation with the
U.S., which might have been useful to Ortega in this situation, has become
increasingly strained in recent years, and so far no other country with the naval
wherewithal has stepped up to offer help.
Other countries are, however, eager to sell military equipment, but Nicaragua is
buying all the wrong supplies for the job, Cajina argues. He questions the
Sandinista government spending its limited funds on a $244 million Chinese
satellite and hundreds of millions more purchasing a fleet of Russian-made
“Tiger” armored vehicles. The urban-assault vehicles are built to ford rivers, but
“can’t patrol the ocean 200 miles off the coast,” Cajina notes. “Nicaragua lacks a
national defense strategy and vision for the future.” Given the circumstances,
Cajina adds, the expanded border could mean rough seas for Nicaragua’s
flickering firewall.
Tim Rogers is editor of Nicaragua Dispatch. Reporting for this story was
supported by a grant from the Pulitzer Center on Crisis Reporting.
Available at
http://world.time.com/2012/11/28/caribbean-crisis-can-nicaragua-navigat…-
it-won-from-colombia/
Annex 28
367
368
Annex 29
“Colombia pulls out of International Court over
Nicaragua”, BBC, United-Kingdom
28 November 2012
369
370
28 November 2012
Colombia pulls out of International Court over Nicaragua
Juan Manuel Santos said the court's decision was riddled with mistakes and
inconsistencies
Colombia has announced it no longer recognises the jurisdiction of the
International Court of Justice, in The Hague.
The decision comes nine days after the ICJ redrew Colombia's maritime border in
the Caribbean in favour of Nicaragua.
The court's ruling ended a decades-long dispute over the San Andres islands.
President Juan Manuel Santos said individual countries, and not courts of law,
should fix their borders.
The ICJ ruled that the islands and a group of islets near the Nicaraguan coast in
the western Caribbean belonged to Colombia.
But it set up new maritime borders in the potentially oil-rich area, extending
Nicaragua's territory by some 70,000 square km (19,000 square miles).
The judgment, which is binding, was welcomed by Nicaragua but greeted with
anger by President Santos.
'Peaceful means'
Mr Santos has now announced that Colombia is pulling out of the Bogota Treaty,
signed in 1948, that recognises the court's rulings.
The region is rich in fishing resources, and potentially gas and oil
Annex 29
371
"The borders between nations cannot be in the hands of a court of law," he said.
"They must be drawn by agreement between the countries involved."
Mr Santos reaffirmed he would only be using "peaceful means" to solve dispute.
The competing claims date from the early 19th Century, when the nations of Latin
America were gaining their independence from Spain.
Nicaragua and Colombia signed a treaty in 1928 to settle the border and
sovereignty of islands in the Caribbean.
But in 1980, Nicaragua's Sandinista government unilaterally annulled the
agreement, arguing that it had been signed under US pressure.
In 2007, the ICJ ruled that the treaty was valid and that the sovereignty of three
islands, San Andres, Providencia and Santa Catalina, remained with Colombia.
The archipelago lies some 775km (480 miles) from the Colombian coast and
230km from Nicaragua
Available at
http://www.bbc.co.uk/news/world-latin-america-20533659
Annex 29
372
Annex 30
“The Colombian Foreign Minister Calls The Hague an
Enemy”, El Nuevo Herald
28 November 2012
373
374
El Nuevo Herald
28 November 2012
The Colombian Foreign Minister Calls The Hague an Enemy
“the enemy is the Court which did not base its decision on the law, that Judgment
is full of inadequacies and one reads it and cannot believe that the states parties
that conform the Court elected those judges to decide such an important
Judgment”
Available at
http://www.elnuevoherald.com/20 1211112711353049/canciller-colombianacalifica.
html
Annex 30
375
376
Annex 31
“Santos and Ortega will meet this Saturday in Mexico
City”, La República
29 November 2012
377
378
La República
29 November 2012
Santos and Ortega will meet this Saturday in Mexico City
“ I want to shake hands with President Santos and say that I and the people of
Nicaragua wants to fix this situation as fraternally as brothers, as these two people
have been throughout the history of Latin America”, said Daniel Ortega, President
of Nicaragua, according to Caracol TV.
Nicaragua’s Ambassador to Mexico, Tamara Hawkins, contacted the Colombian
Ambassador Gabriel José Ortiz, in order to organize the meeting with President
Juan Manuel Santos.
The announcement follows statements by President Santos in which he said that
he “will not apply that judgment of The Hague Court until it is guaranteed that the
rights of the Colombians are well defined”.
Available at
http://www.larepublica.co/economia/santos-y-ortega-se-reunir%C3%A1n-est…%
C3%A1bado-en-ciudad-de-m%C3%A9xico_26792
Annex 31
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380
Annex 32
“Government of Colombia will not implement ICJ
judgment until the rights of Colombians have been
restored”, El Salvador Noticias.net
3 December 2012
381
382
Government of Colombia will not implement ICJ judgment until the rights of
Colombians have been restored
El Salvador Noticias.net/ 3 December 2012
[…]
The president reaffirmed that the Government of Colombia will not apply this
judgment until "we see that the Colombian rights which have been violated are
reestablished and guaranteed in the future…”
[..]
Available at
http://www.elsalvadornoticias.net/2012/12/03/gobierno-decolombia-no-apl…-
cij-mientras-no-se-restablezcan-derechos-de-colombianos/
Annex 32
383
384
Annex 33
“Nicaragua: no oil concessions in Seaflower”, Nicaragua
Dispatch
6 December 2012
385
386
Nicaragua: no oil concessions in Seaflower
By: Tim Rogers/ Nicaragua Dispatch | December 6, 2012
ShareEmail Print
(posted Dec. 6, 8:00 a.m.)- Nicaraguan President Daniel Ortega last night
promised his government will protect the Seaflower Biosphere Reserve at the
Archipelago of San Andrés, Providencia and Santa Catalina and will not grant any
oil concessions in area.
“Nicaragua is not giving any concessions for (oil companies) to go perforating
there to see if they find oil, and we won’t destroy the reserve,” Ortega said
Wednesday night. “Nicaragua is not doing that. The world can be sure, and the
Colombian people can be certain as I told President Santos, because this is one of
their great concerns he told me.”
Ortega’s announcement came only hours after his Energy and Mines Minister
Emilio Rappaccioli announced that Spanish oil company Repsol has already
submitted an official request to explore for oil in Nicaragua’s newly acquired
Caribbean waters.
President Ortega also said that the Nicaraguan Navy has been instructed to not
detain any Colombian fishermen during what he calls “the period of transition in
the zone.”
“We have to do this gradually until there is full compliance with the Court’s
sentence, without affecting the reserve and without affecting the fishermen and
businesses on San Andres Island,” Ortega said.
The Seaflower marine biosphere reserve is one of the largest coral reefs in the
Americas, covering approximately 10% of the Caribbean Sea, according to
UNESCO.
Available at
http://nicaraguadispatch.com/2012/12/nicaragua-no-oil-concessions-in-se…
Annex 33
387
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388
Annex 34
“Colombia avoided boundary frictions with the Army of
Nicaragua”, Caracol
19 February 2013
389
390
Annex 34
Radio Caracol
Colombia Avoided Boundary Frictions with the Army of Nicaragua
Admiral Roberto Garcia Marquez, Commander of the Armada, referred to the radiofrequency
conversation held between the superiors of the vessels from the two countries
CARACOL | FEBRUARY 19, 2013
Admiral Roberto Garcia Marquez, Commander of the National Armada, revealed
details about an incident between the Vessel Almirante Padilla and an official
Nicaraguan vessel that intended to inspect a Colombian flag fishing boat in an irregular
manner.
The officer referred to the conversation held by radio-frequency between the superiors of
the two vessels.
“Our commander told the patrol boat commander, Captain you fulfill your mission, which
is to protect the Nicaraguan fishermen (…) and don’t take any risk, don’t expose
yourself or force a serious situation”.
He pointed out that his order was to ensure safety, will full force, of the frightened
Colombian fishermen and to avoid these frictions from taking on greater magnitude.
After the incident, the Colombian Armada reinforced the number of ships and maritime
patrols in the Luna Verde area, the 120 kilometers where Nicaraguan fishermen seek their
livelihoods.
The Armada pointed out that the patrol boats from the neighboring country are gunboats
that also frequently frighten the Colombian fishermen using radio frequencies.
The Minister of Defense, Juan Carlos Pinzon, will deliver new vessels to the Coast
Guard in the upcoming days.
Available at
http://www.caracol.com.co/noticias/actualidad/colombia-evito-roce-limit…-
de-nicaragua/20130219/nota/1845121.aspx
391
392
Annex 35
“Nicaragua asks Bogotá to form The Hague
Commissions”, La Opinion
22 February 2013
393
394
La Opinion
Nicaragua Asks Bogota to Form The Hague Commissions
MANAGUA, NICARAGUA (AP) | FEBRUARY 22, 2013
The Nicaraguan President, Daniel Ortega, invited the Government of Colombia to
conform the commissions for application of the ruling by the International Court of
Justice of The Hague, without affecting the right to fisheries of the inhabitants in the cays
that belonged to Bogota in the past, but which the high court granted to Managua in its
final ruling last year.
Ortega said that it is necessary to find mechanisms for consensus through dialogue that
will enable closer relations between the two nations instead of confronting them.
“I propose to the Government of Colombia, to President (Juan Manuel) Santos, that the
sooner the better, we should organize these commissions to work so that they can
demarcate all of this in regard to the area where the Raizal peoples can fish according to
their historical rights”, the governing Nicaraguan said on Thursday evening during a
commemorative act of the 79th anniversary of the death of Augusto Cesar Sandino.
Santos spoke on Monday on the alleged incidents between San Andres’ fishermen and the
Navy of Nicaragua; he also warned about his country’s increased military forces to
defend the interests of the fishermen from San Andres Island and the Raizal.
“In that regard, I tell you the following, so that it is absolutely and totally clear: I have
given compelling and accurate instructions to the National Armada; respect for the
historical rights of our fishermen will be enforced, regardless of whatever happens. No
one has to ask for permission to fish where they have been fishing”, said Santos.
Ortega said that the issue has been manipulated in Colombia for “electoral” purposes and
that “there are powerful interests” in having an armed confrontation between Nicaragua
and Colombia, in the waters granted to his country by The Hague.
I am certain that President Santos and the People of Colombia know that the solution to
the ruling by the International Court of Justices is not the use of force; it is not the
deployment of warships in the area, but rather to follow the path to organize the ruling the
of the Court, organize it in terms of its implementation, how to organize it, how to apply
it”, he stated.
Ortega said that both in Mexico, during the takeover by President Enrique Peña Nieto,
and in the recent Summit of Latin American States in Chile, he had the opportunity to
discuss the issue with the Colombian President and that they have always spoken of
taking joint measures.
Annex 35
395
He said that his country has no interest in a confrontation with anyone, and that the only
thing its coast guard boats do is “to enforce the ruling by The Hague “very firmly and
with serenity”, always watching “so that the dialogue comes first”.
About the rights of the artisan fishermen, Ortega said that there is a proposal to install a
Consular Office in San Andres Island, and “from there, the number of Raizal fishermen
can be clearly defined, which are their ships, and what they can fish freely”.
Nonetheless, he was clear about industrial fishermen having to request the respective
permit from the Nicaraguan Fisheries Institute, because in such case, the Raizal are
merely employees and not the owners.
The Court in The Hague resolved last November 19th, a territorial dispute between both
countries by determining that the San Andres Archipelago and all of the islands and
adjacent cays belong to Colombia, and traced a new maritime boundary that grants more
sovereignty to Nicaragua in the Caribbean.
Available at
http://laopinion.com.co/demo//index.php?option=com_content&task=view&id…;
Itemid=29
Annex 35
396
Annex 36
“With patrolling aircraft of the Armada, Governor of San
Andres makes an act of sovereignty in the 82° meridian”,
Zonacero.info
19 August 2013
397
398
With patrolling aircraft of the Armada, Governor of San Andres makes an
act of sovereignty in the 82° meridian.
Category: Caribbean Zone
Published on Monday, August 19 2013 15:11
(VIDEO)
Aury Guerrero Bowie participated in a patrol aboard one of the maritime- patrol
aircrafts of the National Armada and toured all the areas in which the National
Armada exercises its sovereignty.
Exercising sovereignty over the controversial 82° meridian, the governor of San
Andres Aury Guerrero Bowie, participated in a patrol aboard one of the maritimepatrol
aircrafts of the National Armada and toured all the areas in which it
exercises sovereignty.
The departmental mandatary was in the company of the Commander of the
Specific Command of San Andres and the Providencia Admiral Luis Hernan
Espejo Segura.
Available at
http://zonacero.info/zona-caribe/40345-con-aviones-patrulleros-de-la-ar…-
de-san-andres-hizo-acto-de-soberania-en-meridiano-82
Annex 36
399
400
Annex 37
“Governess Participated During Patrol of Meridian 82
Area”, RCN Radio
20 August 2013
401
402
Governess Participated During Patrol of Meridian 82 Area
LOCAL
20/08/2013
By: RCN La Radio
Only National Armada Frigates are in the Meridian 82 area.
The Governess of San Andres, Aury Guerrero Bowie, participated in a patrol on board of
one of the maritime patrol airplanes of the National Armada and toured all of the areas
wherein the National Armada exercises sovereignty, accompanied by the Commander of
the Specific Command of San Andres and Providencia, Rear Admiral Luis Hernan Espejo
Segura.
The Governess said that she verified that in the Meridian 82 area there are only frigates of
the National Armada and no ships from other countries.
She assured that the 12 frigates deployed in the territorial sea made a straight line over
Meridian 82.
“I can affirm that we did not find any other types of vessels, only the nets of our own
fishermen, who already left them in Luna Verde to gather them later; there are no
platforms installed on our side of Meridian 82 and we did not see any installed within our
visual field during our visual tour”, said Guerrero Bowie.
Available at
http://www.rcnradio.com/noticias/gobernadora-participo-en-patrullaje-en…-
82-84486#ixzz32wGEwvTd
Annex 37
403
404
Annex 38
“World Court ruling on maritime borders unenforceable
in Colombia: Vice President”, Colombia Reports
23 August 2013
405
406
World court ruling on maritime borders unenforceable in Colombia: Vice
President
Aug 23, 2013 posted by Marcus Sales
Angelino Garzon (photo) El Mercurio
Colombia’s Vice President said on Thursday that a ruling by the International
Court of Justice over a maritime territorial dispute between Colombia and
Nicaragua as “unenforceable.”
In November of last year, The Hague ruled on a long standing maritime dispute
between Colombia and Nicaragua. Although Colombia was granted sovereignty
over several islands, Nicaragua were the beneficiaries of a shifting of boundary
lines between the two countries, effectively doubling their economic zone in the
Caribbean Sea.
MORE: ICJ ruling on San Andres a ‘serious judgement error’: Santos
“The judgement of the Court of The Hague is unenforceable in our country. It
cannot apply now, in five years or ten years time,” emphasized Vice President
Angelino Garzon.
“The judges in The Hague instead of helping to resolve the differences between
Colombia and Nicaragua, have only exacerbated them,” added Garzon.
Nicaragua however, say that the ruling is already being implemented and that a
decision by the Colombian government not to abide by it makes no sense.
Annex 38
407
“The judgement of the ICJ has been in effect since November 19 2012. What has
happened is that Colombia has hired a number of law firms to analyse the
resources in the territory,” said Mauricio Herdocia, the lawyer representing
Nicaragua in this case.
“In the end all questions will be resolved by the ICJ, and according to the rules of
the court, when a state is preparing an appeal the judgment must be respected,”
added Herdocia.
Eric Tremolada, PhD in international law and international relations, explained to
newspaper Elespectador that Colombia has already adhered to the ruling.
“Colombia publicly accepted the initial ruling of the court in 2007, and then again
when Alvaro Uribe at the Santo Domingo summit, told the Nicaraguan President
Daniel Ortega that he would respect the ruling,” explained Tremolada.
“The words inapplicable and compliance are not appropriate terms for a
declaratory judgement,” added Tremolada.
Former President Ernesto Samper believes that the Colombian government should
accept the ruling, and thus negotiate with Nicaragua.
“I believe that Colombia must recognize the ruling and then use all of the
resources at their disposal to clarify, apply and implement the obligations of the
ruling, prior to initiating negotiations with Nicaragua.”
Available at
http://colombiareports.co/hague-judgment-unenforceable-colombia-vicepre…
Annex 38
408
Annex 39
“Daniel: 40 years from the martyrdom of Allende, peace
must prevail” El 19 Digital
11 September 2013
409
410
Annex 39
El 19 Digital (Digital 19) Daniel: 40 years from the martyrdom of Allende,
peace must prevail.
Wednesday, September 11, 2013ǀ Carlos Espinoza Flores and Kenneth Chavez
Law, and not force, must prevail.
The mandatary reminded that these are times in which law must prevail, and this
principal must be respected by countries like Colombia and Costa Rica, with
whom Nicaragua has some differences rooting from the judgment of the
International Court of Justice at The Hague, which in this past November
reinstated to our country its sovereignty on the 90 thousand kilometers of
Caribbean Sea.
“The call that I make to President Santos, to the government of Colombia, to some
Central American governors that are throwing out declarations talking about
expansionism, is that these are times in which law, and not force, must prevail”,
he emphasized. “Going for force would mean to go back to the Stone Age. If we
take the lawful route that would mean the strengthening of peace, if we go for
force it would mean to feed more wars in the world, if we go for law it would
make wars go away and to promote the peace in the world”, he assured.
In that sense he reaffirmed that Nicaragua is committed to peace, just like the
countries of Latin America and the Caribbean.
Reiterates the dialogue with Colombia in order to implement the Judgment
He said that in Nicaragua times of peace are effectively blowing, in spite of it
facing the positions of the government of Colombia which refuses to apply the
Judgement of The Hague. “We understand the position taken by President Santos,
but we cannot say that we agree with the position of President Santos”, he said.
“We do agree that it is necessary to dialogue, we do agree that it is necessary to
look for some kind of agreement, treaty, whatever we want to call it, to put into
practice in a harmonious way, like brother peoples, the Judgment of the
International Court of Justice, which gave Nicaragua more than 90 thousand
square kilometers in the Caribbean Sea”, he assured.
Available at
http://www.el19digital.com/articulos/ver/titulo:13038-daniel-a-40-anos-…-
debe-prevalecer-la-paz
411
International Court of Justice at The Hague, which gave Nicaragua more than 90
thousand square kilometers in the Caribbean Sea”, he assured.
Available at
http://www.el19digital.com/articulos/ver/titulo:13038-daniel-a-40-anos-…-
de-allende-debe-prevalecer-la-paz
Annex 39
412
Annex 40
“Assembly of Nicaragua supports dialogue with
Colombia”, El Universal
12 September 2013
413
414
Assembly of Nicaragua Supports Dialogue with Colombia
AP
@ElUniversalCtg
MANAGUA
September 12, 2013 06:39 pm
On Thursday, the National Assembly of Nicaragua endorsed President Daniel Ortega to
engage in a dialogue with Colombia in order to find the mechanisms leading to the
execution of a treaty to implement the ruling by the International Court of Justice of The
Hague, which defined the limits between both countries in the Caribbean Sea.
“The National Assembly stated its total endorsement to the position of the Government of
Nicaragua for a peaceful solution through a treaty for application of the ruling”, pointed
out a statement by the Assembly.
The resolution, voted by all of the legislators, was signed during a special session at San
Jacinto Estate, located 40 kilometers to the north of the capital city, which represents a
symbol of sovereignty and resistance; 157 years ago, [the estate] was the stage of a
historical battle in which a minority Nicaraguan troop defeated North American
filibusters who surpassed them in number and weapons.
“We urge Colombia to comply with international law and to abide by the ruling of the
International Court of Justice, which is final and of unavoidable compliance”, read the
first secretary of parliament, the Sandinista Representative, Alba Palacios.
The Colombian President, Juan Manuel Santos, said last Monday that the ruling by The
Hague would only apply for Colombia if a treaty is signed, “which must be approved
pursuant to the provisions” set forth in his country’s Constitution.
Ortega proposed on Tuesday, in response to Santos, to open a dialogue leading to drafting
of the treaty, which would serve to implement the ruling and incorporating agreements
for industrial fisheries, environment and the fight against drug trafficking.
Ortega, in an act commemorating the 40th anniversary of the coup in Chile, reiterated that
the only way to find understanding and a solution to the disagreements that caused the
ruling by The Hague is through dialogue.
“We agree (with Santos) that we must hold a dialogue, we agree that we must seek some
Annex 40
415
type of agreement or treaty, whatever we may call it, to harmoniously implement the
ruling as fraternal peoples”, said Ortega.
At the same time, he invited Colombia, Costa Rica and Panama, which accuse Nicaragua
of expansionism, to reflect because the times require the law to prevail over force.
“If we go by force, we would be returning to the Stone Age. If we go by law, we would
strengthen peace; if we go by force, we would be fostering more wars in the world; if we
go by law, we would ward off wars and promote peace in the world”, he assured.
Available at
http://www.eluniversal.com.co/colombia/asamblea-de-nicaragua-respalda-d…-
134509
Annex 40
416
Annex 41
“Santos orders defense of the continental shelf with
cloak and sword”, El Espectador
19 September 2013
417
418
Annex 41
El Espectador
19 September 2013
Santos orders to defend tha continental shelf with cloak and sword
That’s the order that he gave to the military forces patrolling the waters in dispute
with Nicaragua.
The President of the Republic, Juan Manuel Santos, ordered to the high command
of the Armed Forces to defend with “cloak and sword” the continental shelf that
Colombia has in the Caribbean Sea.
During the speech by the Navy Commander, Vice Admiral Hernando Wills, he
reiterated that his forces comply with the order of the Head of State to exercise
sovereignty throughout the Colombian Caribbean Sea.
The high command even said that the Colombian frigates operate in the 82
meridian, and added that the judgment of The Hague is inapplicable and that his
duty is to defend all the Colombian maritime space.
Meanwhile, the Governor of San Andres, Aury Guerrero, reiterated that the
Caribbean waters over which The Hague gave economic rights to Nicaragua are
and have always been Colombian waters.”
“The whole territory, including the 82 [meridian], is yours and we count on its
defense”, said Guerrero to President Santos, addressing him as Head of State.
Available at
http://www.elespectador.com/noticias/politica/santos-ordena-defenderpla…-
continental-capa-y-es-articulo-447445
419
420
Annex 42
“We Will Continue Being Guarantors of National
Security With Strength and Soundness, Commander
Wills in the Colombia Lectureship”,
http://www.esdegue.mil.co/node/4083
21 March 2014
421
422
WE WILL CONTINUE BEING GUARANTORS OF NATIONAL SECURITY
WITH STRENGTH AND SOUNDNESS, COMMANDER WILLS IN THE
COLOMBIA LECTURESHIP
March 21, 2014
Today, the Superior School of War received the Commander of the National Armada,
Admiral Hernando Wills Velez during the Colombia Lectureship, who spoke to the
students of the Advanced Military Studies –CAEM- 2014 and the General Staff Course –
CEM- 2014, about the present and future of the Colombian Marines in the country and
the world.
During his lecture, Admiral Wills recalled that we are in a very unstable national and
international scenario that compels the Military Forces to work jointly and integrated, as
well as to anticipate the new threats that may arise in the region.
In the same manner, he highlighted the work carried out by the National Armada in
defense of national sovereignty, protection of port infrastructure and effective response to
transnational issues such as drug-trafficking. In this sense, he underscored that thanks to
such great endeavor, carried out by all of the men that compose its forces and units,
today, Colombia is a reference for economic growth in the continent. Port security and
connectivity have played a very important role in the country’s development”, he said.
Annex 42
423
Likewise, the Commander stressed the high-level professionalism of today’s National
Armada and the international recognition that it enjoys. “This enabled us to exports our
knowledge of navy intelligence to several Latin American countries and our good
position and interconnection with other navies of the world”.
Admiral Willis equally observed that the international role fulfilled by the Armada as an
instrument to boost national diplomacy and be present in the world.
The Commander of the National Armada made a summary in his lecture on the events
that took place in San Andres and recalled for the audience that the presence of the
Armada in the Archipelago is permanent and will watch over the rights of the fishermen
that have been in the area historically, as well as over the biosphere reserve, and all other
surrounding resources. Surface ships, naval aviation and the coast guard will be present in
the place uninterrupted, to safeguard protection of the territorial sea and of the population.
Permanent patrol in all of the islands, scientific research and permanent cartography
development by DIMAR has contributed, according to Admiral Wills, to maintaining
peace in the entire Archipelago. “We will continue to be guarantors of national security
with strength and soundness”.
Available at
http://www.esdegue.mil.co/node/4083
Annex 42
424
Annex 43
“Devoid of a New Treaty, the Limits of Colombia and
Nicaragua Continue to be the Same: Santo”, W. Radio
2 May 2014
425
426
Annex 43
DEVOID OF A NEW TREATY, THE LIMITS OF COLOMBIA AND
NICARAGUA CONTINUE TO BE THE SAME: SANTOS
LA W RADIO | MAY 2, 2014
The Hague ruling cannot modify the boundaries with Nicaragua
After the Court confirmed the lawfulness of the action against the 1968 Bogota Pact, by
which Colombia recognized the powers of the International Court of Justice in The Hague
to solve border disputes, President Juan Manuel Santos deemed the ruling by the
Constitutional Court of Colombia as historical.
The Plenary of the Constitutional Court fettled the decision and admonished that the only
way to modify the country’s boundaries is through a treaty requiring approval by
Congress and the Constitutional Court, as well as ratification by the President of the
Republic.
To this decision, President Juan Manuel Santos confirmed that the ruling by the
International Court of Justice in The Hague can only apply after a new treaty; “that was
the thesis accepted by the Constitutional Court in a historical ruling that clearly applies
the commands of the Constitution.
The Head of State noted that on the basis of this argument, the maritime limits of
Colombia cannot be modified until discussed by the legislative branch.
“Consequently, for our country, until a new treaty is agreed, the limits of Colombia with
Nicaragua continue to be those established by the Esguerras - Barcenas Treaty; namely,
the limits prior to the ruling by the International Court of Justice”.
President Santos assured that he will study the entire ruling by the Constitutional Court in
order to make new decisions.
Available at
http://www.wradio.com.co/noticias/actualidad/sin-nuevo-tratado-limites-…-
siguen-siendo-los-mismos-santos/20140502/nota/2205996.aspx
427
428
Annex 44
“We Must Seek Agreements with Nicaragua to Apply the
Ruling Without Disavowing the Constitution: Former
Attorney General Carlos Arrieta”, RCN Radio
3 May 2014
429
430
“WE MUST SEEK AGREEMENTS WITH NICARAGUA TO APPLY THE
RULING WITHOUT IGNORING THE CONSTITUTION”: FORMER
ATTORNEY GENERAL CARLOS ARRIETA
03/05/2014
Carlos Gustavo Arrieta, former Attorney General and Head of the Legal Team
that represents Colombia before the International Court of Justice in The Hague,
explains that the decision of the Constitutional Court is a very important
sentence from the “political point of view”, but does not have any direct
incidence on the legal procedures advanced in the international court.
The jurist advises that the basis of the argument on which the team that advises
President Juan Manuel Santos is exactly the same as the one defined by the
Constitutional Court this Friday, referred to the fact that the ruling by The
Hague is not applicable unless a treaty between the two countries involved is
signed and it must be approved by the National Congress. However, the attorney
emphasized that the final text of the decision must be known in order to issue a
final opinion.
Arrieta advises that a decision by the International Court exists but neither is it
possible to ignore the internal legal system. For this reason, he recommends that
the country move forward in seeking a manner of conciliating the two extremes.
“I believe that the adequate formula would be to seek agreements with
Nicaragua in order to apply the ruling without ignoring the constitution. In the
meantime, we will be in a sort of dead end. Nicaragua also has boundary issues
set forth in its constitution. Therefore, we must agree on a reasonable and
equitable solution to allow for adequate protection of the areas of interest to
both countries, without disregard for the National Constitution”.
Arrieta refers that this is not the first time that this happens. For this reason,
many times, countries delay application of the decisions by the International
Court, and sometimes, by promotion of the court itself, implementation of the
solution is the result of an agreement between the stakeholders, and differs
from the ruling.
Annex 44
431
“The Constitutional Court spoke of the need to harmonize the internal and
international space, with which it suggests that we seek some type of treaty with
Nicaragua to facilitate application of the ruling, keeping in mind the
parameters set forth in the constitution”. But we do not have the final text of the
decision and we are imagining the details that the sentence may involve”, said
Arrieta.
The well-known jurist deems that the decision ratifies the fact that President Juan
Manuel Santos has assumed a proper position in this borderline conflict, based on
solid arguments.
“Nicaragua filed two lawsuits against Colombia after the ruling by The Hague.
One is for incompliance with the November 19, 2012 ruling, - which modifies the
limits of the territorial sea between both countries. – The other is for recognition
of the existence of an extended continental shelf”, explained Arrieta.
In this sense, the International Court is expected to issue a sentence for these
lawsuits underway within 2 or 3 years, but not in the short-term.
Available at
http://www.rcnradio.com/noticias/debemos-buscar-acuerdos-con-nicaragua-…-
el-fallo-sin-desconocer-la-constitucion#ixzz30lU7zhIs
Annex 44
432
Annex 45
“A New Treaty with Nicaragua Should be Made Defining
the Limits”, El Tiempo
3 May 2014
433
434
A NEW TREATY WITH NICARAGUA SHOULD BE MADE DEFINING
THE LIMITS’
By: EDITORIAL DESK EL TIEMPO |
May 03, 2014
The Former Prosecutor, Carlos Gustavo Arrieta, agent of Colombia before the
International Court of Justice in The Hague (ICJ), deemed that the Colombian
Government should sign a treaty with Nicaragua to define the maritime boundary
with that Central American nation. (Also read: Keynotes of the ruling that reforms
the inapplicability of the decision by The Hague).
He made the standpoint after hearing a decision by the Constitutional Court,
pointing out that a ruling by an international court cannot modify the limits of the
country. (Also read: President Affirms that Ruling by The Hague can only apply if
there is a Treaty).
This is subsequent to the ruling by the ICJ in November 2012 that snatched
economic rights from Colombia over the Caribbean Sea and granted them to
Nicaragua. (Limits of the national territory cannot be modified unless there is a
treaty).
According to the Colombian high tribunal, for this to take place, the President
must sign an international treaty, approved by Congress and endorsed by the
Constitutional Court itself.
How do you view the decision of the Constitutional Court?
It is a very good decision. I think it implies a very significant accolade to the
position assumed by the President of the Republic on the same day that the
International Court of Justice issued the ruling, which he reiterated several months
later when he said that the ruling is inapplicable until a series of internal
modifications take place.
This is what the Government proposed?
He underscores the coherence and consistency of that government position,
inasmuch as this is the position it has upheld for quite some time now.
So, what follows?
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Naturally, this confronts us with important challenges because as of this moment,
according to the constitutional mandate, once we hear all of the details of what the
court said, it will be necessary to start thinking how we will get around into this
matter and how we can approach it for purposes of producing a treaty to modify
the limits while acknowledging the rights of the Colombians and islanders.
Must there be a treaty between Colombia and Nicaragua defining the limits?
Yes, that is exactly what the Court is saying because by declaring the conditional
constitutionality of the Bogota Pact, it is pointing out that to enable the
applicability of the ruling, a treaty between Colombia and Nicaragua is necessary,
which is what the Government has always said.
Would the frame of the treaty take into account the ruling by The Hague
Court?
The two countries must define this; the important matter in this point is that the
Constitutional Court gave a great accolade to the position of the government.
But this implies negotiations with Nicaragua?
I believe we must try to negotiate with Nicaragua to define the limit. This is a
huge accolade to the position of the Government, which has said it could not
apply the ruling until there are new and clear rules of the game and the legal frame
defined. The position of the President was that to enable the application of the
ruling requires a new treaty and in essence, the Court is saying the same thing.
How can the ICJ accept this?
That is the position that the Government presented, it has not varied and was of
public knowledge; therefore, I do not think it implies any substantial change in
terms of the country’s international position.
Can the ICJ interpret this as defiance?
No, because the Constitutional Court is saying that the decision of the ICJ requires
a treaty for its application. That is not defiance.
But does this change in manner, our relationship with The Hague?
No, there is no reason to change. It does not have to change.
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Does this modify in any way the situation of the Colombian fishermen in that
area of the Caribbean?
In my opinion, in any case, what is currently arising must continue and does not
change the issue, but rather reiterates the position of the President. For now, this
position involves a specific coexistence of the fishermen in that region, which is
what has taken place.
Would that dialogue with Managua take place with the Ministry of Foreign
Affairs, would it happen through The Hague, or what would be the
mechanism?
I do not know that, the President must define this with his Minister of Foreign
Affairs, as I do not dare give my opinion on that. I believe that we must know the
text in the ruling; right now, there is only a press release and it is lacking details.
What is their status?
There are two lawsuits. One for an extended platform and the other, a liability
claim for breach of judgment; these are the two proceedings I am attending. We
are barely beginning the proceedings and that has time lags.
And how is that proceeding?
After introduction of a claim and a chronogram is agreed, the normal process is
that the demanding country presents its full claim. When the Court accepts it, it
gives a term to Nicaragua to present what is called the memoir, which is the full
claim. Afterwards, it gives the respondent country, in this case Colombia, a term
to present its counter-memoir.
Are the dates set?
Nicaragua must present its memoir toward the end of this year, and Colombia its
counter-memoir towards the middle of next year.
Available at
http://www.prensaescrita.com/adiario.php?codigo=AME&pagina=http://www.e…
om
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438
Annex 46
“Nicaragua proposes to coordinate The Hague’s sentence
with Colombia”, AFP
9 May 2014
439
440
Noticias RCN.com (RCN.com News)
America
May 9, 2014. 5:20 pm
Nicaragua proposes to coordinate The Hague’s sentence with Colombia
That is what President Daniel Ortega assured in a military act in that country.
Nicaragua proposed to Colombia to create a bi-national commission to coordinate
the fishing operations, antidrug patrolling and the conjunct administration for the
reserve of the Seaflower biosphere in the Caribbean Sea, with the base of the
delimitations established by the International Court of Justice (ICJ).
“We propose to the government of Colombia, to President Juan Manuel Santos, to
work for a Colombian-Nicaraguan commission so a treaty can come out of it that
will allow us to respect, and put in practice the judgment by the ICJ”, urged
President Daniel Ortega during a military act in the capital city.
The ICJ decided this past November on the border dispute between the two
countries which confirmed Colombia’s sovereignty on the San Andres
Archipelago, Providencia and Santa Catalina and adjacent cays, and incremented
Nicaragua’s continental shelf in the Caribbean by more than 90,000 km2,
according to Managua and 75,000 km2, according to Bogota.
Ortega said that the bilateral dialogue is important to establish through a treaty
“how the reserve (Seaflower) will be handled, how the area will be patrolled and
the subject of fisheries”.
Nicaragua gave provisional licenses for industrial fishing a month ago to four
companies of Honduran and Panamanian origin for them to fish in the maritime
area that the ICJ gave it in the Caribbean Sea.
Ortega informed that its government has also communicated to UNESCO that the
biosphere of “Seaflower which was totally Colombian, now has a part of it which
will be administered by Nicaragua” as a consequence to the sentence.
“We have to reach an agreement with our Colombian brothers (..) to establish
already a conjunct administration” of the reserve “with the companionship of the
UN”, Ortega stated.
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The new frontier defined by the ICJ left the Seaflower reserve- which includes the
San Andres Archipelago and 349,800 square kilometers of sea- divided between
the two countries, even though the majority of it is in Colombian territory.
Ortega said that in spite of the fact that Colombia has not acknowledged the
judgment of the ICJ, the same has been applied in fact, little by little, and without
confrontations. AFP
Available at
http://www.noticiasrcn.com/internacional-america/nicaragua-propone-coor…-
haya-colombia
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Annex 47
“Santos Says that the Ruling by The Hague is
Inapplicable”, El País
19 May 2014
443
444
SANTOS SAYS THAT THE RULING BY THE HAGUE IS INAPPLICABLE
According to the President, the country cannot apply the ruling because only
“international treaties” can modify the border.
Monday, May 19, 2014
President Juan Manuel Santos said this Monday that Colombia cannot apply the ruling by
the International Court of Justice in the conflict with Nicaragua over the maritime
boundaries in the Caribbean because “we can only modify our borders with international
treaties”.
After the decision of the ICJ in November 2012, “we said that this ruling is not applicable
from the first day because it contravenes our Constitution”, said the President to Bul
Radio station.
Last May 2, the Constitutional Court decided any attribution of competence to
international jurisdiction as unconstitutional to hear and judge Colombian border issues.
We are waiting for the content of the ruling by the Constitutional Court over the thesis we
have upheld, through which we can only modify our borders with international treaties”,
and thus know how Colombia will proceed in view of the ruling by the ICJ”, said Santos.
The Colombian President insisted that the “ruling is inapplicable; we can only modify the
borders of Colombia through a new treaty; I have upheld that position and I continue to
do so”. Santos emphasized that “I would not accept the imposition of what is now
precisely in the ruling” of the ICJ.
On November 19, 2912, the ICJ in The Hague, in an irrevocable ruling, ratified
Colombia’s sovereignty over the San Andres, Providencia and Santa Catalina
Archipelago, as well as over its seven uninhabited keys, claimed by Nicaragua in a
conflict begun by the government of Managua before this international court in 2001.
But the decision of the international court reduced the Colombian maritime territory by
approximately 75,000 kilometers by granting a larger portion to Nicaragua, leaving the
Colombian keys of Quitasueño and Serrana surrounded by Nicaraguan waters.
Available at
http://www.elpais.com.co/elpais/colombia/noticias/santos-afirma-fallo-h…
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446
Annex 48
“Santos Guarantees Continuity in his Foreign Policy with
Latin America”, America Economica
17 June 2014
447
448
Annex 48
SANTOS GUARANTEES CONTINUITY IN HIS FOREIGN POLICY WITH
LATIN AMERICA
06/17/2014
"We wish to maintain the best possible relations with all of the countries”, said the
President, before recalling that when he inherited the government in 2010 from
former President Alvaro Uribe, Colombia was “on the brink of a war with
Venezuela and Ecuador”.
Asked about his position in view of the application of the ruling by the International
Court of Justice in The Hague (ICJ) on the maritime limits in the Caribbean with
Nicaragua, one of the thorniest issues of Colombia’s foreign policy in his Government,
Santos announced that he will maintain the same policy.
The leader ratified his commitment with the regional integration organizations such as
UNASUR and the Pacific Alliance, a recent mechanism that will hold a summit at the
end of this week wherein Santos will transfer the Pro-Tempore Presidency to his
Mexican colleague, Enrique Peña Nieto.
“The Hague ruling is not applicable. The boundaries cannot be changed except
through a treaty, that is how our Constitution defined it and we have to wait for that
treaty to modify our boundaries”, explained Santos.
Available at
http://www.americaeconomia.com/politica-sociedad/politica/santos-garant…-
en-su-politica-exterior-conlatinoamerica?
utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+
america-economia+(Am%C3%A9rica+Econom%C3%ADa)
449
450
Annex 49
“Nicaragua Fears Losing the Sea”, available at
http://www.taringa.net/posts/info/17784410/Nicaraguateme-
perder-el-mar.html
451
452
"NICARAGUA FEARS LOSING THE SEA”
Juan Carlos Moncada, attorney, said in Blu Radio that after 1991, no authority in
Colombia can make modifications to the constitutional limits unless there is a treaty
created by Congress and revised by the Constitutional Court, referring to the
Constitutional Court’s ruling declaring as legal, the Law that Colombia endorsed in order
to sign and enforce the Bogota Pact.
“The Constitutional Court did not specifically refer to the decision of the court in The
Hague within the frame of the Bogota Pact”, said Moncada, and added that “it says that
there is no possibility that an international legal authority can affect or make decisions
that impact the limits of the Republic by the rule of 1991”.
The expert assured that the Court did not declare the Bogota Pact as unconstitutional,
which attributes competence to the International Court of Justice in regard to limits, but
rather acts under the condition that decisions are made through a public treaty that must
go through Congress.
This was the speech by President Santos:
This afternoon, after rigorous and serious study, the Constitutional Court acknowledged
the thesis we have upheld as of the same day in which The Hague issued its ruling in
November 2012 and that we ratified in September of last year, when I personally sued the
Bogota Pact.
The legal action upheld that pursuant to the National Constitution, the limits of Colombia
can only be modified or established through a treaty concluded by the Government,
approved by Congress and then revised by the Constitutional Court.
Hence, the ruling by the Court in The Hague can only apply after a new treaty.
That was the thesis accepted by the Constitutional Court in a historical ruling, which
clearly applies the provisions set forth by the Constitution.
Consequently, for our country – while a new treaty is not concluded – the limits of
Colombia with Nicaragua continue being those established in the Esguerra-Barcenas
Treaty; namely, the limits prior to the ruling of the International Court of Justice.
We will wait to hear the content of the ruling to decide the next steps”.
The Ruling of the Constitutional Court
The Constitutional Court declared legal the Law that Colombia, through the Congress of
the Republic, endorsed to sign and endorse the Bogota Pact, which is adapted to the
Colombian Political Charter.
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However, it clarified that international legislation cannot intend to modify the country’s
border limits cannot override the Constitution, specifically in its Article 101, which only
authorizes to do so through an international treaty convened by mutual agreement with
another country.
Available at
http://www.taringa.net/posts/info/17784410/Nicaragua-teme-perder-el-mar…
Annex 49
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Annex 50
“This is the outline Security of the National Armada and
the Colombian Air Force Implemented in San Andres”
Webinfomil.com
23 November 2012
455
456
The colombian military portal (El portal militar colombiano)
This is the outline Security of the National Armada and the Colombian Air
Force Implemented in San Andres.
Friday, November 23, 2012. Web Infomil Press
A powerful aero-naval force of the National Armada and the Colombian Air Force
makes it presence in the territories disputed over between Colombia and
Nicaragua.
( www.webinfomil.com // Roberto Garcia H ) Long before the sentence emitted
by the International Court of Justice at The Hague came to be known, the National
Armada and the Colombian Air Force initiated the deployment of military units in
the area, preventing any favorable and unfavorable result to Colombia in said trial.
That is that several days before the judgment call, seven ships of different bearing
belonging to the National Armada, accompanied by helicopters and
reconnaissance and attack aircrafts from the Colombian Air Force, were in route
towards the cays and the maritime areas in dispute with the end of exercising and
ratifying the Colombian sovereignty over such waters.
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457
The aircraft of the Air Force were deployed to the installations of the “Grupo
Aerero del Caribe” (Caribbean Air Group) from where they are sent on air and
maritime patrolling missions. Similarly, in that same air base two OV-10 Bronco
aircrafts are kept for fast reactions alerts, which will be sent on interception
missions in the case of identifying a possible illegal incursion in the Colombian
air space.
The seven war ships of the National Armada which were deployed to all the
Colombian cays and islands in the sector are the ARC Antioquia Missilery
Frigates and ARC Caldas, the ARC Cartagena de Indias logistics ship, the
patrollers ARC 20 de Julio, ARC 11 de Noviembre and ARC San Andres and the
ARC Providencia boat.
The military and security deployment in the naval part consists of:
Missilery Frigates FS-1500 Almirante Padilla Class
The light frigates ARC Antioquia and ARC Caldas, sailing in close formation.
In the disputed area one can find the ARC Caldas (FM-52) and the ARC
Antioquia (FM-53) exercising sovereignty, two missilery frigates of the Almirante
Padilla class which recently underwent an extensive modernization which left
them equipped with the most recent technological developments in the matter of
radars, communications, motors, defense systems and armament.
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458
The four units of this class are of German origin and were acquired in the 80’s
from the Howaldtswerke-Deautsche Werft (HDW) yards in Kiel, Germany. These
units move 2,100 tons of full load and are armed with 8 anti-ships missiles from
surface to surface Exocet MM-40 of French manufacture, two ainti-aircraft
missile mounts Mistral Simbad in the bands of the port and starboard, two antisubmarine
triple torpedo launchers Alenia A224S, a canon Oto Melara of 76 mm
Dart/Strales on its bow and an Oto Melara anti-aircraft canon of 40 mm on its
sterm.
In its most recent modernization there were modern systems of vigilance and
intelligence installed as is the newest radar 3D Thales Smart-S Mk2, the new
combat system TACTICOS, the shooting directors Sting-EO Mk2 and
MIRADOR, the electronic war system ESM Vigile, decoy launchers TERMA
SKSW DL-12T and the new engines MTU M-93 series 4000. To know more
about these equipments and modernizations, click here
http://www.webinfomil.com/2010/12/modernizacion-de-las-frigatas-ligeras…
The other two missilery frigates of the National Armada, the ARC Almirante
Padilla (FM-51) and the ARC Independiente (FM-54) recently went back to
patrolling the Colombian seas after concluding a stage of sea tests necessary in
order to return to active duty after their updates. At the moment they can be found
in the rear away from the disputed zone but ready to come into action if necessary.
Oceanic Patroller ARC 20 de Julio
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The ARC 20 de Julio, Patroller of the exclusive economic zone of national
fabrication
The ARC 20 de Julio (PZE-46) is a patrolling ship of the exclusive economic zone
of the National Armada, is to the moment the biggest military ship fabricated in
Colombia. This ship of 80m long, was constructed by the yards of the science and
technology corporation for the development of the naval industry (COTECMAR
in its Spanish acronym), counts with an interceptor boat like Midnight Express for
its missions against drug trafficking, illegal fishing and pirates, it can also take a
medium-size helicopter and has an automatic canon Bofors of 40 mm as its main
armament, which is directed by the fire control system “Barracuda” of national
design and fabrication. The unit, which had a cost close to 133 thousand million
pesos, is the first of the six that the National Armada plans to build. In actuality, a
twin unit, the ARC 7 de Agosto (PZE-47) is in construction in the yards of
COTECMAR in the city of Cartagena.
This type of design, which is also in service in the Armada of Chile, is a patrolling
ship of the Exclusive Economic Zone (PZE), more known in the international
environment as OPV (Offshore Patrol Vessel or oceanic patrolling ship) of 80, 60
meters long and 13 meters wide, with an ability to move 1,800 tons. It can harbor
10 life rafts and shelter food supplies for 30 days. To a cruising velocity of 18
Annex 50
460
knots, it has autonomy of 4,400 nautical miles; and at 12 knots, its autonomy is of
10,000 nautical miles.
Coastal Patrol Vessel ARC 11 de Noviembre
For a week, the coastal patrol ARC 11 de Noviembre arrived to the Colombian
islands.
The ARC 11 de Noviembre is a coastal patrol vessel recently acquired by the
National Armada, its fabrication took place in the Fassmer yard in the city of
Beme (Germany) and about 12 million 900 thousand Euros were invested in the
construction of this ship.
This is the first patroller of the National Armada of the class CPV 40 (Coastal
Patrol Vessel). The ship which counts with 24 crewmembers, has a length of
40.25 meters, a sleeve of 7.56 meters, a fretwork of 1.86 meters and a movement
of 245 tons in maximum load; it reaches a maximum speed of 23.6 knots reached
thanks to its two MTU engines of 1920 Kw each, its autonomy is of 15 days or
2000 nautical miles, it has a fretwork of naval steel and a superstructure built in
aluminum, which makes its very light.
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461
Its cutting edge characteristics are the automatic canon of 25 mm Typhoon Mk 25
Mod II with an electro-optical shooting direction Toplite, 2D vigilance radars, a
water desalination system which allows it to supply it with 3,000 liters of water
daily; on top of its ramp-down hydraulic system which allows for an immediate
reaction with its support boat to the operations.
Oceanic Patroller ARC San Andres (PO-45)
No matter its age, the oceanic patroller ARC San Andres has turned into a
valuable tool by the National Armada.
The ARC “San Andres” (PO-45) ex [USCG Gentian (WLB-290)] is an ocean
patrolling ship built in the Zenith Dredge, Minnesota yard out of which 39 units of
class Cactus A WLB were built. In 2007 it was donated by the government of the
United States and became part of the National Armada of Colombia, since then it
performs operations of logistic support, maritime interdiction, search and rescue,
also as national sovereignty in the Colombian Caribbean.
After its incorporation of the National Armada, it entered maintenance and major
reparations stage which was done in the COTECMAR yard for a period of 12
months. Between its most relevant works that were done are the maintenance of
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462
the fretwork and superstructure, maintenance of the loading system, transmission
and potency line, maintenance of the electric propulsion system, internal
combustion equipments and paralleling system, change of the air conditioning
plant, maintenance of the auxiliary systems and conditioning of the habitability
spaces of the unit.
In operations of maritime interdiction, it has accomplished important results,
especially in the detention and persecution of Go-Fast type of boats, similarly,
with the supply of information of combat and technique intelligence has recently
contributed in important operational results against drug and terrorist
organizations offending in the Colombian Caribbean. Up to date la Unit has sailed
a total of 5,500 nautical miles exerting sovereignty by the seas of country.
It has a length of 55 mm, a sleeve of 11.30 m and a fretwork of 4.45 meters, it can
reach a speed of 13 knots thanks to its two diesel engines Cooper-Bessemer-type
GND-8 1,000 horse powers, its autonomy is 17,000 miles at a speed of 12 knots
(22km/h). It counts with 47 crewmembers which use machine guns of .50 calibers
as its main armament.
Multipurpose ship ARC Cartagena de Indias (BM-161)
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463
The multipurpose logistics ship ARC Cartagena de Indias, also fulfills missions of
surface naval warfare thanks to its two Bofors canons of 40mm.
The ARC Cartagena de Indias (BM-161) is a Luneberg class multipurpose ship
(Type 701) built in Germany, acquired in 1996 by the National Armada for the
transportations of supplies, machinery, troops and warfare against drug
trafficking.
It has as its mission to perform naval operations of support to the unities at sea
and to the manpower at land in times of peace and war; to serve as a
transportation unit with the purpose to contribute to maintain the internal order
and the sovereignty of Colombia in the territorial sea and the exclusive economic
zone.
Other of the important missions that this type of ship fulfills is the racking of fuel
to other naval units, especially to the missilery frigates of the Almirante Padilla
class. It counts with maneuvering equipment for the trespassing of fuel, which it
provides to the National Armada, the strategic capacity of being able to extend the
time of stay at sea of the capital units (frigates) indefinitely.
Oceanographic Vessel ARC Providencia
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464
The ship ARC Providencia, which fulfills missions of scientific investigation, also
develops naval operations of support to the Caribbean Naval Force.
The oceanographic and hydrographic vessel ARC “Providencia” was acquired in
1981 for the development of investigations in the disciplines of Physical and
Chemical Oceanography, Marine Biology and Marine Geology.
This unit is of 1.157 tons of displacement, built in Germany and has kept its
operational capacity and optimized the process of scientific maritime
investigation.
The vessel is a platform of scientific investigation which also develops naval
operations of support to the Naval Force in the Colombian Caribbean and Pacific.
The oceanography vessel has a length of 50.9 meters, a sleeve of 10 meters, a strut
of 5.7 meters and a fretwork of 4.4 meters. It is propelled by a diesel engine MAN
8L23/30 of 1.280KW-1740 HP and counts with a radio action of up to 5,500 miles
and an autonomy of 30 days.
Air Units:
Additionally, accompanying these ships, in the insular territory there are air units
of the Colombian Air Force that are deployed in the Caribbean Air Group, located
in the island of San Andres and of the Naval Aviation with embarked helicopters
and aircrafts for maritime patrol as they are:
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465
Two OV-10 Bronco aircrafts of the Colombian Air Force, coming from the Air
Group of Casanare were deployed to San Andres with the end of executing
missions of sovereignty on the Colombian skies and interception of suspicious
traces.
Attack helicopters AH-60L Arpia III were also deployed with their potent and
precise weapon systems to be utilized in security missions in the island of San
Andres.
Airplanes of recognizing and intelligence Cessna SR-560 perform daily missions
on the area between the 82 meridian and the parallel 15 in search of boats and
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466
aircrafts that may affect the development of the fisheries of Colombian fishing
vessels.
Airplanes for maritime patrol Casa C-235 Persuader of the National Armada
constantly patrol the nearby seas to the islands and Colombian cays, exploring and
registering with their radars the movements of the boats that transit the disputed
area.
Helicopters MBB Bo-105CBS of the Naval Aviation, were boarded on the Ocean
Patrol vessels of the National Armada with the end of supporting the operations of
sovereignty.
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The helicopters Eurocopter AS 555SN “Fenned” were boarded in the missilery
frigates of the National Armada where they perform various missions in which it
is included the nearby aerial support with their 20mm canon and as relay of
shooting surface to surface missiles in a naval war.
Available at
Webinfomil.com El Portal Militar Colombiano
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468