INTERNATIONAL COURT OF JUSTICEDISPUTE OVER THE STATUS AND USE OF THE WATERS OF THE SILALA(CHILE v. BOLIVIA)MEMORIAL OF THEREPUBLIC OF CHILEANNEXES 1-39TO THE MEMORIAL VOLUME 2OF 63 JULY 2017
LIST OF ANNEXES TO THE MEMORIAL
OF THE REPUBLIC OF CHILE
VOLUME 2
ANNEXES 1 - 39
ANNEX Nº TITLE PAGE Nº
TREATIES (ANNEXES 1-5)
Annex 1 Truce Pact Between Bolivia and Chile, signed at
Valparaíso on 4 April 1884
(Original in Spanish, English translation)
3
Annex 2 Treaty of Peace and Amity Between Bolivia and
Chile, signed at Santiago on 20 October 1904
(Original in Spanish, English translation)
7
Annex 3 Protocol on the Conservation of Boundary Markers
Between Bolivia and Chile, signed at La Paz on
10 August 1942
(Original in Spanish, English translation)
15
Annex 4 American Treaty on Pacific Settlement (Pact of
Bogotá), signed at Bogotá on 30 April 1948
(Original in English)
21
Annex 5 Convention on the Law of Non-Navigational Uses of
International Watercourses, signed at New York on
21 May 1997, UN Doc. A/RES/51/229 (1997)
(Original in English)
41
i
DOCUMENTATION FROM THECHILE-BOLIVIAMIXED COMMISSIONS (ANNEXES 6-20)Annex 6Chile-Bolivia Boundary Commission, Minutes of 23March 1906, in: Records of the Chile-Bolivia Boundary, pp. 1-2.(Original in Spanish, English translation)61Annex 7Chile-Bolivia Mixed Revision and Replacement Commission, Minutes of 7 June 1924 (Original in Spanish, English translation)67Annex 88.1Chile-Bolivia Mixed Boundary Commission, Revision Minutes of Boundary Marker N° LXXIII, 23 September 1959(Original in Spanish, English translation)738.2Chile-Bolivia Mixed Boundary Commission, Revision Minutes of Boundary Marker N° LXXIII, 17 September 1983(Original in Spanish, English translation)768.3Chile-Bolivia Mixed Boundary Commission, Revision Minutes of Boundary Marker N° LXXIII, 20 August 1991(Original in Spanish, English translation)78Annex 9Chile-Bolivia Mixed Boundary Commission, Monograph of Boundary Marker S/N-LXXIII, 20August 1991(Original in Spanish, English translation)81Annex 1010.1Chile-Bolivia Mixed Boundary Commission, Revision Minutes of Boundary Marker N° LXXIV, 22 September 1959(Original in Spanish, English translation)8710.2Chile-ii
10.2 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIV,
18 September 1983
(Original in Spanish, English translation)
90
10.3 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIV,
18 November 1992
(Original in Spanish, English translation)
92
Annex 11 Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker N° 16-LXXIV,
18 November 1992
(Original in Spanish, English translation)
95
Annex 12 12.1 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXV,
17 September 1983
(Original in Spanish, English translation)
101
12.2 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXV,
20 August 1991
(Original in Spanish, English translation)
104
Annex 13 Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker S/N-LXXV,
20 August 1991
(Original in Spanish, English translation)
107
Annex 14 Chile-Bolivia Mixed Boundary Commission,
Minutes N° 38, 28 April 1992
(Original in Spanish, English translation)
113
iii
Annex 1515.1Chile-Bolivia Mixed Boundary Commission, Monograph of Boundary Marker S/N Inacaliri, 4November 1993(Original in Spanish, English translation)15715.2Chile-Bolivia Mixed Boundary Commission, Monograph of Boundary Marker S/N Linzor (a), 4November 1993(Original in Spanish, English translation)16215.3Chile-Bolivia Mixed Boundary Commission, Monograph of Boundary Marker S/N Linzor (b), 4November 1993(Original in Spanish, English translation)166Annex 16Chile-Bolivia Mixed Boundary Commission, Minutes N° 46, 21 April 1996(Original in Spanish, English translation)171Annex 1717.1Chile-Bolivia Mixed Boundary Commission, Minutes N° 49, 20 November 1998(Original in Spanish, English translation)20317.2Chile-Bolivia Mixed Boundary Commission, Minutes N° 49, Annex N°2, 20 November 1998(Original in Spanish, English translation)226Annex 18Chile-Bolivia Mixed Boundary Commission, Minutes N° 50, Annex N°5, 2 December 1998(Original in Spanish, English translation)233Annex 19Chile-Bolivia Mixed Boundary Commission, Minutes N° 51, 3 May 2001(Original in Spanish, English translation)239Annex iv
Annex 20 20.1 Chile-Bolivia Mixed Boundary Commission,
Minutes N° 53, 28 October 2011
(Original in Spanish, English translation)
255
20.2 Chile-Bolivia Mixed Boundary Commission,
Minutes N° 53, Annex N°4, 28 October 2011
(Original in Spanish, English translation)
262
DOCUMENTATION FROM THE CHILE-BOLIVIA WORKING GROUPS
(ANNEXES 21-24)
Annex 21 Minutes of the First Meeting of the Bolivia-Chile
Working Group on the Silala Issue, 6 May 2004
(Original in Spanish, English translation)
271
Annex 22 Minutes of the Second Meeting of the Bolivia-Chile
Working Group on Bilateral Affairs, 17 July 2006
(Original in Spanish, English translation)
279
Annex 23 Minutes of the Third Meeting of the Bolivia-Chile
Working Group on the Silala Issue, 10 June 2008
(Original in Spanish, English translation)
295
Annex 24 Minutes of the Twenty-Second Meeting of the
Bolivia-Chile Political Consultation Mechanism,
14 July 2010
(Original in Spanish, English translation)
307
CHILE-BOLIVIA DIPLOMATIC CORRESPONDENCE (ANNEXES 25-39)
Annex 25 25.1 Letter from the National Director of Borders and
Boundaries of the State of Chile to the Chair of the
National Commission of Sovereignty and Boundaries
of Bolivia, 8 October 1992
(Original in Spanish, English translation)
327
v
25.2Letter from the Chair of the National Commission of Sovereignty and Boundaries of Bolivia to the General Consul of Chile in La Paz, 8 October 1992(Original in Spanish, English translation)332Annex 26Note N° 474/71from the General Consulate of Chile in LaPazto theMinistry of Foreign Affairs of Bolivia, 20 May 1999(Original in Spanish, English translation)339Annex 27Note N° GMI-656/99 from the Ministry of Foreign Affairs of Bolivia to the General Consu1late of Chile in La Paz, 3September 1999(Original in Spanish, English translation)343Annex 28Note N° 017550 from the Ministry of Foreign Affairs of Chile to the Ministry of Foreign Affairs of Bolivia, 15 September 1999(Original in Spanish, English translation)349Annex 29Note N° GMI-815/99 from the Ministry of Foreign Affairs of Bolivia to the Ministry of Foreign Affairs of Chile, 16November 1999(Original in Spanish, English translation)359Annex 3030.1Note N° 1084/151 from the General Consulate of Chile in La Paz to theMinistry of Foreign Affairs of Bolivia, 14 October 1999(Original in Spanish, English translation)37130.2Note N° 022314 from the Ministry of Foreign Affairs of Chile to the Ministry of Foreign Affairs of Bolivia, 3 December 1999 (Original in Spanish, English translation)376Annex vi
Annex 31 Note N° 006738 from the Ministry of Foreign Affairs
of Chile to the Ministry of Foreign Affairs of
Bolivia, 27 April 2000
(Original in Spanish, English translation)
385
Annex 32 32.1 Note N° 74 from the Ministry of Foreign Affairs of
Chile to the General Consulate of Bolivia in
Santiago, 19 December 2000
(Original in Spanish, English translation)
389
32.2 Note N° CGB/19/2001 from the General Consulate
of Bolivia in Santiago to the Ministry of Foreign
Affairs of Chile, 17 January 2001
(Original in Spanish, English translation)
394
32.3 Note N° CGB/48/2001 from the General Consulate
of Bolivia in Santiago to the Ministry of Foreign
Affairs of Chile, 9 February 2001
(Original in Spanish, English translation)
398
32.4 Profile Silala River (undated, prepared by Chile in
2001)
(Original in Spanish, English Translation)
405
Annex 33 33.1 Note N° 973/224 from the General Consulate of
Chile in La Paz to the Ministry of Foreign Affairs of
Bolivia, 16 November 2001
(Original in Spanish, English translation)
407
33.2 Note N° VREC-185/2001-0020 from the Ministry of
Foreign Affairs of Bolivia to the General Consulate
of Chile in La Paz, 4 January 2002
(Original in Spanish, English translation)
410
vii
33.3Note N° 019/05 from the General Consulate of Chile in LaPaz to the Ministry of Foreign Affairs of Bolivia, 18January 2002(Original in Spanish, English translation)412Annex 34Note N° 199/39 from the General Consulate of Chile in LaPaz to the Ministry of Foreign Affairs of Bolivia, 7 May 2012(Original in Spanish, English translation)415Annex 35Note N° 389/149 from the General Consulate of Chile in LaPaz to the Ministry of Foreign Affairs of Bolivia, 9October 2012(Original in Spanish, English translation)421Annex 36Note N° VRE-DGRB-UAM-020663/2012 from the Ministry of Foreign Affairs of Bolivia to the General Consulate of Chile in La Paz, 25 October 2012(Original in Spanish, English translation)427Annex 3737.1Note N° 586/206 from the General Consulate of Chile in LaPaz to theMinistry of Foreign Affairs of Bolivia, 21December 2012(Original in Spanish, English translation)43337.2Note N° VRE-DGLF-UMA-000715/2013 from the Ministry of Foreign Affairs of Bolivia to the General Consulate of Chile in La Paz, 17 January 2013(Original in Spanish, English translation)43837.3Note N° 003933 from the Ministry of Foreign Affairs of Chile to the General Consulate of Bolivia in Santiago, 9 April 2013(Original in Spanish, English translation)44037.4Note viii
37.4 Note N° VRE-DGLF-UMA-008107/2013 from the
Ministry of Foreign Affairs of Bolivia to the General
Consulate of Chile in La Paz, 9 May 2013
(Original in Spanish, English translation)
442
37.5 Note N° 269/134 from the General Consulate of
Chile in La Paz to the Ministry of Foreign Affairs of
Bolivia, 25 September 2013
(Original in Spanish, English translation)
444
37.6 Note N° VRE-DGLF-UMA-017599/2013 from the
Ministry of Foreign Affairs of Bolivia to the General
Consulate of Chile in La Paz, 2 October 2013
(Original in Spanish, English translation)
446
37.7 Note N° 323/157 from the General Consulate of
Chile in La Paz to the Ministry of Foreign Affairs of
Bolivia, 29 October 2013
(Original in Spanish, English translation)
448
37.8 Note N° VRE-DGLF-UMA-020899/2013 from the
Ministry of Foreign Affairs of Bolivia to the General
Consulate of Chile in La Paz, 19 November 2013
(Original in Spanish, English translation)
450
37.9 Note N° 362/180 from the General Consulate of
Chile in La Paz to the Ministry of Foreign Affairs of
Bolivia, 28 November 2013
(Original in Spanish, English translation)
452
37.10 Note N° VRE-DGLF-UMA-022856/2013 from the
Ministry of Foreign Affairs of Bolivia to the General
Consulate of Chile in La Paz, 16 December 2013
(Original in Spanish, English translation)
454
ix
37.11Note N° 63/51 from the General Consulate of Chile in La Paz to the Ministry of Foreign Affairs of Bolivia, 12 February 2014(Original in Spanish, English translation)45637.12Note N° VRE-DGLFAIT-UAIT-Nv-7/2014 from the Ministry of Foreign Affairs of Bolivia to the General Consulate of Chile in La Paz, 19 February 2014(Original in Spanish, English translation)458Annex 3838.1Note N° 96/72 from the Ministry of Foreign Affairs of Chile to the Ministry of Foreign Affairs of Bolivia, 27 March 2014(Original in Spanish, English translation)46138.2Note N° VRE-DGLFAIT-UAIT-Cs-136/2014 from the Ministry of Foreign Affairs of Bolivia to the General Consulate of Chile in La Paz, 10 April 2014(Original in Spanish, English translation)464Annex 3939.1Note N° 29/17 from the General Consulate of Chile in La Paz to the Ministry of Foreign Affairs of Bolivia, 7 February 2017(Original in Spanish, English translation)46739.2Note VRE-Cs-47/2017 from the Ministry of Foreign Affairs of Bolivia to the General Consulate of Chile in La Paz, 24March 2017(Original in Spanish, English translation)47039.3Note VRE-Cs-117/2017 from the Ministry of Foreign Affairs of Bolivia to the General Consulate of Chile in La Paz, 25May 2017(Original in Spanish, English translation)472
x
Treaties
(Annexes 1 - 5)
1
2
Annex 1
Truce Pact Between Bolivia and Chile,
signed at Valparaíso on 4 April 1884
(Original in Spanish, English translation)
3
4
Annex 1
Annex 1
5
Truce Pact Between Bolivia and Chile
While waiting for the opportunity to conclude a definitive Treaty of peace between the Republics of Bolivia and Chile, both Countries, duly represented, the former by
Mr. Belisario Salinas and Mr. Belisario Boeto, and the latter by the Minister of Foreign Affairs, Mr. Aniceto Vergara Albano, have agreed to conclude a Truce Pact, in accordance with the following terms:
1 - The Republics of Chile and Bolivia conclude an indefinite truce. As a consequence, they declare the end of the state of war, to which it will not be possible to return without the prior notification by one of the Contracting Parties to the other, at least one year in advance, of its intention to trigger hostilities again. In that case, the notification shall be made directly or via a diplomatic representative of a friendly nation.
2 - The Republic of Chile, throughout the validity of this truce, shall continue to govern, in accordance with the political and administrative regime as defined by Chilean law, the territories from the parallel 23 to the mouth of the Loa River in the Pacific; these territories being limited to the east by a straight line starting at Sapalegui, from the intersection with the demarcation separating them from the Republic of Argentina, to the Volcán Llicancaur. From this point, it shall continue straight to the summit of the dormant Cabana volcano; from here, another straight line shall continue to the water source, which is found further south in the lake Ascotan. From there, another line, crossing the said lake, ends at the Ollagua volcano. From this point, another straight line continues to the Tua volcano, and then continues to the existing demarcation line between the department of Tarapacá and Bolivia.
In the event of difficulties, both parties shall appoint a commission of engineers, which will determine the boundary to be delimited following the points determined herein.
3 - The property seized in Bolivia from Chilean nationals by government decrees or measures emanating from civil and military authorities, will be immediately returned to their owners or representatives appointed by them, with sufficient powers.
They will also return the profit that the Government of Bolivia has received from such property, which must be justified with appropriate documents.
The damage caused by the aforementioned measures, or by the destruction of property that Chilean citizens may have sustained, will be compensated through a process that stakeholders will engage in with the Government of Bolivia.
4 - If an agreement between the Government of Bolivia and the stakeholders regarding the amount and compensation for damages, or the form of payment is not reached, they shall submit the dissenting points to arbitration by a commission, composed of one member appointed by Chile, another by Bolivia and a third who will be nominated in Chile, by mutual agreement between neutral representatives accredited in this country. This appointment will be made in the shortest time possible.
5 - Commercial relations between Bolivia and Chile shall be re-established. From now on, the Chilean natural products and those produced with the latter, shall enter Bolivia free of any customs duty. The Bolivian products of the same nature and produced in the same way, shall enjoy the same exemption in Chile, whenever imported or exported through Chilean ports.
6
The commercial exemptions which, respectively, the Chilean and Bolivian manufactured products will enjoy, as well as the enumeration of these products, shall be dealt with in a special protocol.
The nationalized goods, which are introduced via the port of Arica, shall be considered as foreign goods during the entrance process.
The foreign goods, which are introduced in Bolivia via Antofagasta, shall benefit from free transit, without prejudice to any measures the Government of Chile may take to avoid contraband.
As long as there is no agreement to the contrary, Chile and Bolivia shall enjoy the advantages and commercial exemptions that one or the other country may grant to the most favoured nation.
6 -In the port of Arica, the entrance rights shall be charged in accordance with Chilean customs duties, as applicable to foreign goods intended to be consumed in Bolivia, without the possibility of applying further tax inside the country. The revenue of these customs duties shall be divided in the following way: twenty five percent shall be used for the customs services and the portion corresponding to Chile for the despatch of goods for consumption by the territories of Tacna and Arica; and seventy five percent for Bolivia. For the time being, the seventy five percent shall be divided in the following way: forty percent shall be retained by the Chilean administration for the payment of the amounts resulting from the indebtedness of Bolivia in relation to the liquidations carried out, pursuant to the third clause of this agreement, and to satisfy the outstanding part of the loan to Bolivia raised in Chile in 1867; the rest shall be handed over to the Bolivian Government in current currency or as promissory notes. The loan shall be considered, in its liquidation and payment, under the same conditions as those who suffered damages in the war.
The Bolivian Government, when it deems it appropriate, shall be entitled to have access to the accounts of the customs offices of Arica for its customs agents.
Upon payment of the indemnifications referred to in Article 3, with the subsequent ending of the withholding of the forty percent aforementioned, Bolivia shall be able to establish its own internal customs offices in the portion of its territory which it considers appropriate. In that case, foreign goods shall benefit from free transit through Arica.
7 -The acts of the subordinate authorities of either country, which tend to alter the situation created by the present Truce Pact, especially regarding the boundaries of the territories Chile continues to occupy, shall be repressed and punished by the respective Governments, ex officio or following the request of one of the parties.
8 -Given that the objective of the Contracting Parties, when concluding this Truce Pact, was to prepare and facilitate the establishment of a strong and stable peace between the two Republics, they reciprocally commit to pursue the negotiations in that respect.
This pact shall be ratified by the Government of Bolivia within a period of forty days, and the ratifications shall be exchanged in Santiago throughout the forthcoming month of June.
In witness hereof the Plenipotentiaries of Bolivia and the Minister of Foreign Affairs of Chile, respectively duly empowered in that respect, signed, in duplicate, the present Pact of Truce, in Valparaiso, 4 April 1884.
A. Vergara Albano. (signed)
Belisario Salinas. (signed)
Belisario Boeto. (signed)
Annex 2
Treaty of Peace and Amity Between Bolivia and Chile,
signed at Santiago on 20 October 1904
(Original in Spanish, English translation)
7
8
Annex 2
Annex 2
9
10
Annex 2
Annex 2
11
MINISTRY OF FOREIGN AFFAIRS
WORSHIP AND COLONIZATION
JERMAN RIESCO,
PRESIDENT OF THE REPUBLIC OF CHILE
In order to implement the purpose stated in Article 8 of the Truce Pact of 4 April 1884, the Republic of Bolivia and the Republic of Chile have agreed to celebrate a Treaty of Peace and Amity, and to that effect have named and constituted as their plenipotentiaries, respectively:
His Excellency the President of the Republic of Bolivia, Mr. Alberto Gutiérrez, Extraordinary Envoy and Minister Plenipotentiary of Bolivia in Chile and His Excellency the President of the Republic of Chile, Mr. Emilio Bello Codesido, Minister of Foreign Affairs:
Who, after having exchanged their Full Powers and having found them in good and due form, have agreed on the following:
Article I
The relations of Peace and Amity between the Republic of Bolivia and the Republic of Chile are restored, being thereby terminated the regime established by the Truce Pact.
Article II
By the present Treaty, the territories occupied by Chile by virtue of Article 2 of the Truce Pact of 4 April 1884, are recognized as belonging absolutely and in perpetuity to Chile.
The boundary from South to North between Chile and Bolivia shall be that here indicated:
From the highest point of the Zapaleri Hill (1) in a straight line to the highest point (2) of the ridge jutting out towards the south from Guayaques Hill, in latitude (approximate) 22°54’; from here another straight line to the pass of the Cajón (3), and thence along the watershed of the ridge that runs north by the peaks of Juriques Hill (4), Licancábur Volcano (5), Sairecabur Hill (6), Curiquinca Hill (7), and Putana or Jorjencal Volcano (8). From this point it will follow by one of its spurs to Pajonal Hill (9) and in a straight line to the south peak of the Tocorpuri Hills (10), from where it will follow once again along the watershed of the Panizo Ridge (11) and the Tatio Range (12). It will further extend towards the North by the watershed of the Linzor ridge (13) and the hills of Silaguala (14), from its northern peak (Apagado Vulcano) (15) where it shall go by a spur towards the Silala Hillock (16), and thence in a straight line to Inacaliri or Cajón Hill (17).
From this point it shall go in a straight line to the peak which stands in the middle of the group of the Inca or Barrancane Hills (18), and, again taking the watershed, shall proceed north along the ridge of Ascotán or Jardín Hill (19); from the peak of this hill it shall go in a straight line to the peak of Araral Hill (20) and by another straight line to the peak of Ollagüe Volcano (21).
From here in a straight line to the highest peak of Chipapa Hill (22), descending towards the West by a range of small hills so as to reach the peak of Cosca Hill (23).
From this point it shall be the watershed of the ridge which joins it to Alconcha Hill (24), and thence it shall go to the Olca Volcano (25) by the dividing ridge. From this volcano it shall continue along the range of the Millunu Hill (26), the Laguna Hill (27), Irruputuncu Volcano (28), Bofedal Hill (29), Chela Hill (30), and, after a high knot of hills, shall reach the Milliri (31), and then the Huallcani (32).
Thence it shall go to Caiti Hill (33) and shall follow the watershed to Napa Hill (34).
From the peak of this hill it shall go in a straight line to a point (35) situated ten kilometers to the south of the eastern peak of the Huailla Hill (36), whence it shall continue in a straight line to the mentioned peak, turning from there towards the East, it shall follow along the range of Laguna (37), Correjidor (38), and Huaillaputuncu (39) hills to the easternmost stone heap of Sillillica (40), and thence by the ridge that runs northwest to the peak of Piga Hill (41).
From this hill it shall follow in a straight line to the highest point of the Tres Cerritos (42), and then in a straight line to Challacollo Hill (43) and the narrow part of Sacaya Meadow (44), opposite to Vilacollo.
From Sacaya the boundary shall run in straight lines to the stone-heaps of Cueva Colorada (45) and Santaile (46), where it will keep on to the northwest by Irruputuncu Hill (47) and Patalini Hill (48).
From this peak the boundary shall go in a straight line to Chiarcollo Hill (49), cutting the Cancosa River (50), and thence also in
12
Annex 2
a straight line to the peak of Pintapintani Hill (51), and from this hill following along the range of the Quiuri (52), Pumiri (53), and Panantalla (54) hills.
From the peak of Panantalla it shall go in a straight line to Tolapacheta (55), midway between Chapi and Rinconada, and from this point in a straight line to the pass of Huialla (56); thence it shall pass on by the peaks of Lacataya (57) and Salitral (58) hills.
It shall turn back towards the North, going in a straight line to the Tapacollo Hill (59), in the Salar of Coipasa, and in another straight line to the landmark of Quellaga (60), from which it shall continue in straight lines to the Prieto Hill (61) to the north of the Pisiga meadow, Toldo Hillock (62), to the landmarks of Sicaya (63), that of Chapillicsa (64), Cabarray (65), Tres Cruces (66), Jamachuma (67), Quimsachata (68), and Chinchillani (69), and crossing the Todos Santos river (70), it shall go to the landmarks of Payacollo (71) and Carahuano (72), to Canasa Hill (73) and Captain Hill (74).
It shall then continue to the north along the watershed of the Lliscaya (75) and Quilhuiri (76) hills range, and from the peak of the latter it shall go in a straight line to Puquintica Hill (77).
To the North of this last point Bolivia and Chile agree to fix the following frontier line:
From Puquintica Hill (77) it shall go northward by the range that runs to Macaya, and shall cross at this point the Lauca River (78), then running in a straight line to Chiliri Hill (79). It shall keep on to the North along the watershed of the Japu Pass (80), the Quimsachata Hills (81), the Tambo Quemado Pass (82), the Quisiquisini Hills (83), the Huacollo Pass (84), the peaks of the Payachata Hills (85, 86), and Larancahua Hill (87) to the Casiri Pass (88).
From this point it shall go to the Condoriri Hills (89), which divide the waters of the Sajama and Achuta rivers from those of the Caquena, and it shall continue along the ridge which, jutting out of these hills, goes to Carbiri Hill (90), passing by the Achuta Pass (91); from Carbiri Hill it shall run down its slope to the narrows of the river Caquena or Cosapilla (92), upstream of the post-house which also bears the name of the latter.
It shall then follow the course of the River Caquena or Cosapilla as far as the confluence (93) of the apparent drainage of the open plains pertaining to the Cosapilla Farm, from which confluence it shall go in a straight line to the boundary-mark of Visviri (94).
From this landmark it shall follow in a straight line to the Santuario (95), which is to be located to the north of the Maure to the north-west of the confluence of this river with another which flows from the north 2 kilometers to the north-west of the Maure post-house; it shall continue in a north-westerly direction along the ridge which leads to the landmark of the Chipe or Tolacollo Hill (96), the last point of the frontier.
Within six months from the ratification of this Treaty the High Contracting Parties shall appoint a Commission of Engineers to demarcate on the spot the boundary-line, the points of which, enumerated in this Article are indicated in the annexed plan, which shall form an integral part of the present Treaty, and in accordance with the proceedings and at the time agreed upon by special agreement between the two Foreign Ministries.
Should any disagreement arise between the engineers entrusted with the demarcation, which could not be settled by the direct action of both Governments, the question shall be submitted to the decision of His Majesty the German Emperor according to Article XII of this Treaty.
The private rights legally acquired by nationals or foreigners in the territories which, by virtue of this Treaty, remains under the sovereignty of the one or the other country shall be recognized by the High Contracting Parties.
Article III.
With the object of strengthening the political and commercial relations of both Republics, the High Contracting Parties agree to unite the port of Arica with the Alto de la Paz by a railway, the construction of which, shall be contracted by the Government of Chile at its own cost within the term of one year from the ratification of the present Treaty.
The property of the Bolivian section of this railway shall be vested to Bolivia at the expiration of the term of fifteen years from the day it is fully finished.
For the same purpose Chile undertakes to pay the obligations that might be incurred by Bolivia for guaranteeing up to 5 per cent on the capital that might be invested in the following railroads, the construction of which shall begin within the
Annex 2
13
term of thirty years: Uyuni to Potosí; Oruro to La Paz; Oruro, via Cochabamba, to Santa Cruz; from La Paz to the Beni region, and from Potosi, via Sucre and Lagunillas, to Santa Cruz.
The undertaking shall not occasion for Chile a disbursement greater than one hundred thousand pounds sterling annually nor exceed an amount of one million, seven hundred thousand pounds sterling, which is fixed as the maximum of what Chile will allocate to the construction of the Bolivian section of the railway from Arica to the Alto de La Paz and to the guarantees referred to above, and it shall be null and void upon the expiration of the thirty years indicated above.
The construction of the Bolivian section of the railway from Arica to the Alto de la Paz, as well as that of the other railways that may be constructed with the guarantee of the Chilean Government, shall be a matter of special Agreements between the two Governments, and therein shall be taken into consideration the facilities that should be given to the commercial exchange between the two countries.
The value of the section mentioned shall be determined by the amount of the tender to be accepted in the corresponding construction contract.
Article IV.
The Government of Chile undertakes to deliver to the Government of Bolivia the sum of three hundred thousand pounds sterling in cash, in two installments of one hundred and fifty thousand pounds sterling each, the first of which will be paid six months after the exchange of ratifications of this treaty and the second one year after the first.
Article V.
The Republic of Chile assigns to the final cancellation of the credits recognized by Bolivia, for indemnities in favor of the mining companies of Huanchaca, Oruro, and Corocoro, and for the balance of the loan raised in Chile in the year 1867, the sum of four million, five hundred thousand pesos in gold of 18 pence, payable, at the option of its government, in cash or in bonds of its external debt valued at their price in London on the day on which the payment is made, and the sum of two million pesos in gold of 18 pence payable, in the same form as the preceding, for the cancellation of the credits arising from the following obligations of Bolivia: the bonds issued, that is to say, the loan raised for the construction of the railroad between Mejillones and Caracoles under the contract of
10 July 1872; the debt recognized in favor of Mr. Pedro López Gama, represented by Messrs. Alsop and Company, subrogees to the rights of the former; the credits recognized to John G. Meiggs, represented by Edward Squire, arising out of the contract entered into on the 20 March 1876, for the renting of the nitrate fields in Toco; and, finally, the sum recognized to Mr. Juan Garday.
Article VI.
The Republic of Chile recognizes in favor of Bolivia, and in perpetuity, the fullest and most unrestricted right of commercial transit through its territory and ports on the Pacific.
Both Governments will agree, by special acts, upon the suitable regulations to ensure, without prejudice to their respective fiscal interests, the above referred purpose.
Article VII.
The Republic of Bolivia shall have the right to establish customs agencies in the ports which it may designate for its commerce. For the time being, it indicates as such ports for its commerce, those of Antofagasta and Arica.
The agencies shall take care that the goods in transit go directly from the pier to the railroad station, and that they are loaded and transported to the Bolivian custom-houses in closed and sealed wagons, and accompanied by way-bills indicating the number of packages, weight and mark, number and content, which shall be exchanged for exchange way-bills.
Article VIII.
Until the High Contracting Parties agree to conclude a special Treaty of Commerce, the commercial trade between the two Republics shall be regulated by rules of the strictest equality with those applied to other nations, and in no case shall any product of either of the two Parties be placed under conditions inferior to those of a third party. In consequence, the natural and manufactured products of Chile, as well as those of Bolivia, shall be subject, upon their entry and their consumption, in one and the other country, to the payment of the taxes in force for those of other nations, and the favors, exemptions, and privileges which either of the two Parties may grant to a Third party may be demanded on equal conditions by the other.
14
Annex 2
The High Contracting Parties agree to grant, reciprocally, on all railroad lines which cross their respective territories, the same tariffs to the national products of the other country that they accord to the most favored nation.
Article IX.
The natural and manufactured products of Chile and the nationalized goods, introduced into Bolivia, shall be dispatched with the proper consular invoice and with the way-bills mentioned in Article seven. Cattle of all kinds and natural products of little value may be introduced without any formality and dispatched with the simple declaration written in the custom-houses.
Article X.
The natural and manufactured products of Bolivia in transit to foreign countries shall be exported with way-bills issued by the Bolivian custom-houses or by the officers responsible of this duty. These way-bills shall be delivered to the customs agents in the respective ports and with no other formality, once the products are embarked for foreign markets.
In the port of Arica imports shall be carried on with the same formalities as in that of Antofagasta, being necessary at this port to issue way-bills with the same requirements as those indicated in the previous articles.
Article XI.
Bolivia being unable to put this system into practice immediately, it shall continue to be applied, for the term of one year, the current system established in Antofagasta, which shall be extended to the port of Arica, setting a reasonable term for putting into effect the tariff of Bolivia, until it is possible to regulate the transit trade in the manner before mentioned.
Article XII.
All matters which may arise with regard to the understanding or execution of the present Treaty shall be submitted to the arbitration of His Majesty the Emperor of Germany.
The ratifications of this Treaty shall be exchanged within the term of six months, and the exchange shall take place in the city of La Paz.
In witness whereof the Minister of Foreign Affairs of Chile and the Extraordinary Envoy and Minister Plenipotentiary of Bolivia have signed and sealed with their respective seals, in duplicate, the present Treaty of Peace and Amity, in the city of Santiago, on the twentieth of October of the year one thousand nine hundred and four.
(EMILIO BELLO C.)
(A. GUTIERREZ.)
Annex 3
Protocol on the Conservation of Boundary Markers Between
Bolivia and Chile, signed at La Paz on 10 August 1942
(Original in Spanish, English translation)
15
16
Annex 3
Annex 3
17
PROTOCOL ON THE CONSERVATION OF BOUNDARY MARKERS
Agreed to in La Paz, 10 August 1942
Message No 21, 30 November 1942.
Legislative approval, 21 September 1942.
Ratification, 17 December 1948.
Exchange of Ratifications, 30 March 1949.
Entry into force by Decree No 300, 6 April 1949.
(Transcribed verbatim from the typewritten original).
The Governments of the Republic of Chile and the Republic of Bolivia;
In order to eliminate any grounds for uncertainties or friction regarding the international boundary line that separates their respective jurisdictions,
Have decided to sign a Protocol on the Conservation of Boundary Markers, to which end they appoint their Plenipotentiaries:
His Excellency the President of the Republic of Chile: the Hounorable
Mr. Benjamín Cohen, the Ambassador in Bolivia:
His Excellency the President of the Republic of Bolivia: the Hounorable Mr. Eduardo Anze Matienzo, the Minister of Foreign Affairs and Worship;
Who, after presenting their Full Powers that were deemed to be in good and due form, have agreed to the following:
ARTICLE 1- The Governments of Chile and of Bolivia agree to appoint a Mixed Commission made up of technical experts from both nations, so that they may proceed to replace the boundary markers that have been removed, are missing or in poor condition; to place new intermediate boundary markers, wherever they deem necessary, so as to indicate with greater clarity and precision, the boundary line between both States and to verify the precision of the geographical coordinates of all the existing
18
Annex 3
Annex 3
19
boundary markers and that of all those that they shall place, as appropriate.
In the locations they deem convenient, the Mixed Commission shall materialize the dividing line with an open ditch between boundary markers, in accordance with the boundary line described in Article 2 of the Treaty of 20 October 1904, and by the amending Protocol of 1 May 1907, respectively.
ARTICLE 2 – After the works of the Mixed Commission have concluded, referred to in the previous Article, both Governments shall communicate at the proper time all information that each may obtain regarding changes in the material condition and location of the demarcation markers of the boundary between both States.
ARTICLE 3 – In order to verify such information, the Government of each of the States shall appoint one or more technical experts, who shall go to the field within sixty days as of the date when the corresponding information was communicated to the other Government.
Once they have verified the precision of the report, the technical experts shall proceed, by mutual agreement, to replace or repair the boundary markers that have been destroyed, removed or have deteriorated.
ARTICLE 4 – The timely appointed Technical Expert Commissions shall conduct joint inspections every ten years of the boundary markers, and will proceed to rectify the position of those that had been removed, to repair those that had deteriorated, and to replace those that had been destroyed, as well as placing other intermediary markers which materialize the boundary line. The first joint inspection shall be conducted ten years after the conclusion of the work of the Mixed Commission referred to in Article 1 of the present Protocol.
ARTICLE 5 – An Additional Record, deemed to be an integral part of the present Protocol, shall stipulate all things relating to the constitution, operation and prerogatives of the Mixed Commissions set forth in the above articles.
20
Annex 3
ARTICLE 6 – Once the constitutional requirements have been complied with in both countries, there will be an exchange of ratifications of the present Protocol, in Santiago, Chile.
ARTICLE 7 – This Protocol shall become effective thirty days after the exchange of ratifications, for an indefinite period of time; however, it shall be possible to terminate it with six-month prior notice.
In witness whereof, the aforementioned Plenipotentiaries fix their signature and seal, in La Paz, Bolivia, on the tenth day of August of nineteen hundred and forty-two.
Signed: B. COHEN (L.S.)
Signe
d: Edo. Anze Matienzo
Annex 4
American Treaty on Pacific Settlement (Pact of Bogotá),
signed at Bogotá on 30 April 1948
(Original in English)
21
22
Annex 4
Annex 4
23
24
Annex 4
Annex 4
25
26
Annex 4
Annex 4
27
28
Annex 4
Annex 4
29
30
Annex 4
Annex 4
31
32
Annex 4
Annex 4
33
34
Annex 4
Annex 4
35
36
Annex 4
Annex 4
37
38
Annex 4
Annex 4
39
40
Annex 4
Annex 5
Convention on the Law of Non-Navigational Uses of
International Watercourses, signed at New York on
21 May 1997, UN Doc. A/RES/51/229 (1997)
(Original in English)
41
42
Annex 5
2 Convention on the Law of the Non-navigational Uses of International Watercourses Adopted by the General Assembly of the United Nations on 21 May 1997 The Parties to the present Convention, Conscious of the importance of international watercourses and the non-navigational uses thereof in many regions of the world, Having in mind Article 13, paragraph 1 (a), of the Charter of the United Nations, which provides that the General Assembly shall initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification, Considering that successful codification and progressive development of rules of international law regarding non-navigational uses of international watercourses would assist in promoting and implementing the purposes and principles set forth in Articles 1 and 2 of the Charter of the United Nations, Taking into account the problems affecting many international watercourses resulting from, among other things, increasing demands and pollution, Expressing the conviction that a framework convention will ensure the utilization, development, conservation, management and protection of international watercourses and the promotion of the optimal and sustainable utilization thereof for present and future generations, Affirming the importance of international cooperation and good-neighbourliness in this field, Aware of the special situation and needs of developing countries, Recalling the principles and recommendations adopted by the United Nations Conference on Environment and Development of 1992 in the Rio Declaration and Agenda 21, Recalling also the existing bilateral and multilateral agreements regarding the non-navigational uses of international watercourses, Mindful of the valuable contribution of international organizations, both governmental and non-governmental, to the codification and progressive development of international law in this field, Appreciative of the work carried out by the International Law Commission on the law of the non-navigational uses of international watercourses, Bearing in mind United Nations General Assembly resolution 49/52 of 9 December 1994, Have agreed as follows: Convention on the Law of the Non-navigational Uses of International Watercourses 1997 Adopted by the General Assembly of the United Nations on 21 May 1997. Entered into force on 17 August 2014. See General Assembly resolution 51/229, annex, Official Records of the General Assembly, Fifty-first Session, Supplement No. 49 (A/51/49). Copyright © United Nations 2014
Annex 5
43
3 PART I. INTRODUCTION Article 1 Scope of the present Convention 1. The present Convention applies to uses of international watercourses and of their waters for purposes other than navigation and to measures of protection, preservation and management related to the uses of those watercourses and their waters. 2. The uses of international watercourses for navigation is not within the scope of the present Convention except insofar as other uses affect navigation or are affected by navigation. Article 2 Use of terms For the purposes of the present Convention: (a) “Watercourse” means a system of surface waters and groundwaters constituting by virtue of their physical relationship a unitary whole and normally flowing into a common terminus; (b) “International watercourse” means a watercourse, parts of which are situated in different States; (c) “Watercourse State” means a State Party to the present Convention in whose territory part of an international watercourse is situated, or a Party that is a regional economic integration organization, in the territory of one or more of whose Member States part of an international watercourse is situated; (d) “Regional economic integration organization” means an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it. Article 3 Watercourse agreements 1. In the absence of an agreement to the contrary, nothing in the present Convention shall affect the rights or obligations of a watercourse State arising from agreements in force for it on the date on which it became a party to the present Convention. 2. Notwithstanding the provisions of paragraph 1, parties to agreements referred to in paragraph 1 may, where necessary, consider harmonizing such agreements with the basic principles of the present Convention. 3. Watercourse States may enter into one or more agreements, hereinafter referred to as “watercourse agreements”, which apply and adjust the provisions of the present Convention to the characteristics and uses of a particular international watercourse or part thereof.
44
Annex 5
4 4. Where a watercourse agreement is concluded between two or more watercourse States, it shall define the waters to which it applies. Such an agreement may be entered into with respect to an entire international watercourse or any part thereof or a particular project, programme or use except insofar as the agreement adversely affects, to a significant extent, the use by one or more other watercourse States of the waters of the watercourse, without their express consent. 5. Where a watercourse State considers that adjustment and application of the provisions of the present Convention is required because of the characteristics and uses of a particular international watercourse, watercourse States shall consult with a view to negotiating in good faith for the purpose of concluding a watercourse agreement or agreements. 6. Where some but not all watercourse States to a particular international watercourse are parties to an agreement, nothing in such agreement shall affect the rights or obligations under the present Convention of watercourse States that are not parties to such an agreement. Article 4 Parties to watercourse agreements 1. Every watercourse State is entitled to participate in the negotiation of and to become a party to any watercourse agreement that applies to the entire international watercourse, as well as to participate in any relevant consultations. 2. A watercourse State whose use of an international watercourse may be affected to a significant extent by the implementation of a proposed watercourse agreement that applies only to a part of the watercourse or to a particular project, programme or use is entitled to participate in consultations on such an agreement and, where appropriate, in the negotiation thereof in good faith with a view to becoming a party thereto, to the extent that its use is thereby affected. PART II. GENERAL PRINCIPLES Article 5 Equitable and reasonable utilization and participation 1. Watercourse States shall in their respective territories utilize an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse States with a view to attaining optimal and sustainable utilization thereof and benefits therefrom, taking into account the interests of the watercourse States concerned, consistent with adequate protection of the watercourse. 2. Watercourse States shall participate in the use, development and protection of an international watercourse in an equitable and reasonable manner. Such participation includes both the right to utilize the watercourse and the duty to cooperate in the protection and development thereof, as provided in the present Convention.
Annex 5
45
5 Article 6 Factors relevant to equitable and reasonable utilization 1. Utilization of an international watercourse in an equitable and reasonable manner within the meaning of article 5 requires taking into account all relevant factors and circumstances, including: (a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character; (b) The social and economic needs of the watercourse States concerned; (c) The population dependent on the watercourse in each watercourse State; (d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse States; (e) Existing and potential uses of the watercourse; (f) Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect; (g) The availability of alternatives, of comparable value, to a particular planned or existing use. 2. In the application of article 5 or paragraph 1 of this article, watercourse States concerned shall, when the need arises, enter into consultations in a spirit of cooperation. 3. The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole. Article 7 Obligation not to cause significant harm 1. Watercourse States shall, in utilizing an international watercourse in their territories, take all appropriate measures to prevent the causing of significant harm to other watercourse States. 2. Where significant harm nevertheless is caused to another watercourse State, the States whose use causes such harm shall, in the absence of agreement to such use, take all appropriate measures, having due regard for the provisions of articles 5 and 6, in consultation with the affected State, to eliminate or mitigate such harm and, where appropriate, to discuss the question of compensation. Article 8 General obligation to cooperate
46
Annex 5
6 1. Watercourse States shall cooperate on the basis of sovereign equality, territorial integrity, mutual benefit and good faith in order to attain optimal utilization and adequate protection of an international watercourse. 2. In determining the manner of such cooperation, watercourse States may consider the establishment of joint mechanisms or commissions, as deemed necessary by them, to facilitate cooperation on relevant measures and procedures in the light of experience gained through cooperation in existing joint mechanisms and commissions in various regions. Article 9 Regular exchange of data and information 1. Pursuant to article 8, watercourse States shall on a regular basis exchange readily available data and information on the condition of the watercourse, in particular that of a hydrological, meteorological, hydrogeological and ecological nature and related to the water quality as well as related forecasts. 2. If a watercourse State is requested by another watercourse State to provide data or information that is not readily available, it shall employ its best efforts to comply with the request but may condition its compliance upon payment by the requesting State of the reasonable costs of collecting and, where appropriate, processing such data or information. 3. Watercourse States shall employ their best efforts to collect and, where appropriate, to process data and information in a manner which facilitates its utilization by the other watercourse States to which it is communicated. Article 10 Relationship between different kinds of uses 1. In the absence of agreement or custom to the contrary, no use of an international watercourse enjoys inherent priority over other uses. 2. In the event of a conflict between uses of an international watercourse, it shall be resolved with reference to articles 5 to 7, with special regard being given to the requirements of vital human needs. PART III. PLANNED MEASURES Article 11 Information concerning planned measures Watercourse States shall exchange information and consult each other and, if necessary, negotiate on the possible effects of planned measures on the condition of an international watercourse.
Annex 5
47
7 Article 12 Notification concerning planned measures with possible adverse effects Before a watercourse State implements or permits the implementation of planned measures which may have a significant adverse effect upon other watercourse States, it shall provide those States with timely notification thereof. Such notification shall be accompanied by available technical data and information, including the results of any environmental impact assessment, in order to enable the notified States to evaluate the possible effects of the planned measures. Article 13 Period for reply to notification Unless otherwise agreed: (a) A watercourse State providing a notification under article 12 shall allow the notified States a period of six months within which to study and evaluate the possible effects of the planned measures and to communicate the findings to it; (b) This period shall, at the request of a notified State for which the evaluation of the planned measures poses special difficulty, be extended for a period of six months. Article 14 Obligations of the notifying State during the period for reply During the period referred to in article 13, the notifying State: (a) Shall cooperate with the notified States by providing them, on request, with any additional data and information that is available and necessary for an accurate evaluation; and (b) Shall not implement or permit the implementation of the planned measures without the consent of the notified States. Article 15 Reply to notification The notified States shall communicate their findings to the notifying State as early as possible within the period applicable pursuant to article 13. If a notified State finds that implementation of the planned measures would be inconsistent with the provisions of articles 5 or 7, it shall attach to its finding a documented explanation setting forth the reasons for the finding. Article 16 Absence of reply to notification 1. If, within the period applicable pursuant to article 13, the notifying State receives no communication under article 15, it may, subject to its obligations under articles 5 and 7, proceed with the
48
Annex 5
8 implementation of the planned measures, in accordance with the notification and any other data and information provided to the notified States. 2. Any claim to compensation by a notified State which has failed to reply within the period applicable pursuant to article 13 may be offset by the costs incurred by the notifying State for action undertaken after the expiration of the time for a reply which would not have been undertaken if the notified State had objected within that period. Article 17 Consultations and negotiations concerning planned measures 1. If a communication is made under article 15 that implementation of the planned measures would be inconsistent with the provisions of article 5 or 7, the notifying State and the State making the communication shall enter into consultations and, if necessary, negotiations with a view to arriving at an equitable resolution of the situation. 2. The consultations and negotiations shall be conducted on the basis that each State must in good faith pay reasonable regard to the rights and legitimate interests of the other State. 3. During the course of the consultations and negotiations, the notifying State shall, if so requested by the notified State at the time it makes the communication, refrain from implementing or permitting the implementation of the planned measures for a period of six months unless otherwise agreed. Article 18 Procedures in the absence of notification 1. If a watercourse State has reasonable grounds to believe that another watercourse State is planning measures that may have a significant adverse effect upon it, the former State may request the latter to apply the provisions of article 12. The request shall be accompanied by a documented explanation setting forth its grounds. 2. In the event that the State planning the measures nevertheless finds that it is not under an obligation to provide a notification under article 12, it shall so inform the other State, providing a documented explanation setting forth the reasons for such finding. If this finding does not satisfy the other State, the two States shall, at the request of that other State, promptly enter into consultations and negotiations in the manner indicated in paragraphs 1 and 2 of article 17. 3. During the course of the consultations and negotiations, the State planning the measures shall, if so requested by the other State at the time it requests the initiation of consultations and negotiations, refrain from implementing or permitting the implementation of those measures for a period of six months unless otherwise agreed.
Annex 5
49
9 Article 19 Urgent implementation of planned measures 1. In the event that the implementation of planned measures is of the utmost urgency in order to protect public health, public safety or other equally important interests, the State planning the measures may, subject to articles 5 and 7, immediately proceed to implementation, notwithstanding the provisions of article 14 and paragraph 3 of article 17. 2. In such case, a formal declaration of the urgency of the measures shall be communicated without delay to the other watercourse States referred to in article 12 together with the relevant data and information. 3. The State planning the measures shall, at the request of any of the States referred to in paragraph 2, promptly enter into consultations and negotiations with it in the manner indicated in paragraphs 1 and 2 of article 17. PART IV. PROTECTION, PRESERVATION AND MANAGEMENT Article 20 Protection and preservation of ecosystems Watercourse States shall, individually and, where appropriate, jointly, protect and preserve the ecosystems of international watercourses. Article 21 Prevention, reduction and control of pollution 1. For the purpose of this article, “pollution of an international watercourse” means any detrimental alteration in the composition or quality of the waters of an international watercourse which results directly or indirectly from human conduct. 2. Watercourse States shall, individually and, where appropriate, jointly, prevent, reduce and control the pollution of an international watercourse that may cause significant harm to other watercourse States or to their environment, including harm to human health or safety, to the use of the waters for any beneficial purpose or to the living resources of the watercourse. Watercourse States shall take steps to harmonize their policies in this connection. 3. Watercourse States shall, at the request of any of them, consult with a view to arriving at mutually agreeable measures and methods to prevent, reduce and control pollution of an international watercourse, such as: (a) Setting joint water quality objectives and criteria; (b) Establishing techniques and practices to address pollution from point and non-point sources;
50
Annex 5
10 (c) Establishing lists of substances the introduction of which into the waters of an international watercourse is to be prohibited, limited, investigated or monitored. Article 22 Introduction of alien or new species Watercourse States shall take all measures necessary to prevent the introduction of species, alien or new, into an international watercourse which may have effects detrimental to the ecosystem of the watercourse resulting in significant harm to other watercourse States. Article 23 Protection and preservation of the marine environment Watercourse States shall, individually and, where appropriate, in cooperation with other States, take all measures with respect to an international watercourse that are necessary to protect and preserve the marine environment, including estuaries, taking into account generally accepted international rules and standards. Article 24 Management 1. Watercourse States shall, at the request of any of them, enter into consultations concerning the management of an international watercourse, which may include the establishment of a joint management mechanism. 2. For the purposes of this article, “management” refers, in particular, to: (a) Planning the sustainable development of an international watercourse and providing for the implementation of any plans adopted; and (b) Otherwise promoting the rational and optimal utilization, protection and control of the watercourse. Article 25 Regulation 1. Watercourse States shall cooperate, where appropriate, to respond to needs or opportunities for regulation of the flow of the waters of an international watercourse. 2. Unless otherwise agreed, watercourse States shall participate on an equitable basis in the construction and maintenance or defrayal of the costs of such regulation works as they may have agreed to undertake.
Annex 5
51
11 3. For the purposes of this article, “regulation” means the use of hydraulic works or any other continuing measure to alter, vary or otherwise control the flow of the waters of an international watercourse. Article 26 Installations 1. Watercourse States shall, within their respective territories, employ their best efforts to maintain and protect installations, facilities and other works related to an international watercourse. 2. Watercourse States shall, at the request of any of them which has reasonable grounds to believe that it may suffer significant adverse effects, enter into consultations with regard to: (a) The safe operation and maintenance of installations, facilities or other works related to an international watercourse; and (b) The protection of installations, facilities or other works from wilful or negligent acts or the forces of nature. PART V. HARMFUL CONDITIONS AND EMERGENCY SITUATIONS Article 27 Prevention and mitigation of harmful conditions Watercourse States shall, individually and, where appropriate, jointly, take all appropriate measures to prevent or mitigate conditions related to an international watercourse that may be harmful to other watercourse States, whether resulting from natural causes or human conduct, such as flood or ice conditions, water-borne diseases, siltation, erosion, salt-water intrusion, drought or desertification. Article 28 Emergency situations 1. For the purposes of this article, “emergency” means a situation that causes, or poses an imminent threat of causing, serious harm to watercourse States or other States and that results suddenly from natural causes, such as floods, the breaking up of ice, landslides or earthquakes, or from human conduct, such as industrial accidents. 2. A watercourse State shall, without delay and by the most expeditious means available, notify other potentially affected States and competent international organizations of any emergency originating within its territory. 3. A watercourse State within whose territory an emergency originates shall, in cooperation with potentially affected States and, where appropriate, competent international organizations, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency.
52
Annex 5
12 4. When necessary, watercourse States shall jointly develop contingency plans for responding to emergencies, in cooperation, where appropriate, with other potentially affected States and competent international organizations. PART VI. MISCELLANEOUS PROVISIONS Article 29 International watercourses and installations in time of armed conflict International watercourses and related installations, facilities and other works shall enjoy the protection accorded by the principles and rules of international law applicable in international and non-international armed conflict and shall not be used in violation of those principles and rules. Article 30 Indirect procedures In cases where there are serious obstacles to direct contacts between watercourse States, the States concerned shall fulfil their obligations of cooperation provided for in the present Convention, including exchange of data and information, notification, communication, consultations and negotiations, through any indirect procedure accepted by them. Article 31 Data and information vital to national defence or security Nothing in the present Convention obliges a watercourse State to provide data or information vital to its national defence or security. Nevertheless, that State shall cooperate in good faith with the other watercourse States with a view to providing as much information as possible under the circumstances. Article 32 Non-discrimination Unless the watercourse States concerned have agreed otherwise for the protection of the interests of persons, natural or juridical, who have suffered or are under a serious threat of suffering significant transboundary harm as a result of activities related to an international watercourse, a watercourse State shall not discriminate on the basis of nationality or residence or place where the injury occurred, in granting to such persons, in accordance with its legal system, access to judicial or other procedures, or a right to claim compensation or other relief in respect of significant harm caused by such activities carried on in its territory. Article 33 Settlement of disputes 1. In the event of a dispute between two or more parties concerning the interpretation or application of the present Convention, the parties concerned shall, in the absence of an applicable
Annex 5
53
13 agreement between them, seek a settlement of the dispute by peaceful means in accordance with the following provisions. 2. If the parties concerned cannot reach agreement by negotiation requested by one of them, they may jointly seek the good offices of, or request mediation or conciliation by, a third party, or make use, as appropriate, of any joint watercourse institutions that may have been established by them or agree to submit the dispute to arbitration or to the International Court of Justice. 3. Subject to the operation of paragraph 10, if after six months from the time of the request for negotiations referred to in paragraph 2, the parties concerned have not been able to settle their dispute through negotiation or any other means referred to in paragraph 2, the dispute shall be submitted, at the request of any of the parties to the dispute, to impartial fact-finding in accordance with paragraphs 4 to 9, unless the parties otherwise agree. 4. A Fact-finding Commission shall be established, composed of one member nominated by each party concerned and in addition a member not having the nationality of any of the parties concerned chosen by the nominated members who shall serve as Chairman. 5. If the members nominated by the parties are unable to agree on a Chairman within three months of the request for the establishment of the Commission, any party concerned may request the Secretary-General of the United Nations to appoint the Chairman who shall not have the nationality of any of the parties to the dispute or of any riparian State of the watercourse concerned. If one of the parties fails to nominate a member within three months of the initial request pursuant to paragraph 3, any other party concerned may request the Secretary-General of the United Nations to appoint a person who shall not have the nationality of any of the parties to the dispute or of any riparian State of the watercourse concerned. The person so appointed shall constitute a single-member Commission. 6. The Commission shall determine its own procedure. 7. The parties concerned have the obligation to provide the Commission with such information as it may require and, on request, to permit the Commission to have access to their respective territory and to inspect any facilities, plant, equipment, construction or natural feature relevant for the purpose of its inquiry. 8. The Commission shall adopt its report by a majority vote, unless it is a single-member Commission, and shall submit that report to the parties concerned setting forth its findings and the reasons therefor and such recommendations as it deems appropriate for an equitable solution of the dispute, which the parties concerned shall consider in good faith. 9. The expenses of the Commission shall be borne equally by the parties concerned. 10. When ratifying, accepting, approving or acceding to the present Convention, or at any time thereafter, a party which is not a regional economic integration organization may declare in a written instrument submitted to the depositary that, in respect of any dispute not resolved in accordance with paragraph 2, it recognizes as compulsory ipso facto, and without special agreement in relation to any party accepting the same obligation:
54
Annex 5
14 (a) Submission of the dispute to the International Court of Justice; and/or (b) Arbitration by an arbitral tribunal established and operating, unless the parties to the dispute otherwise agreed, in accordance with the procedure laid down in the annex to the present Convention. A party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with subparagraph (b). PART VII. FINAL CLAUSES Article 34 Signature The present Convention shall be open for signature by all States and by regional economic integration organizations from 21 May 1997 until 20 May 2000 at United Nations Headquarters in New York. Article 35 Ratification, acceptance, approval or accession 1. The present Convention is subject to ratification, acceptance, approval or accession by States and by regional economic integration organizations. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations. 2. Any regional economic integration organization which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under the Convention. In the case of such organizations, one or more of whose member States is a Party to this Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently. 3. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Secretary-General of the United Nations of any substantial modification in the extent of their competence. Article 36 Entry into force 1. The present Convention shall enter into force on the ninetieth day following the date of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. 2. For each State or regional economic integration organization that ratifies, accepts or approves the Convention or accedes thereto after the deposit of the thirty-fifth instrument of ratification,
Annex 5
55
15 acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession. 3. For the purposes of paragraphs 1 and 2, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States. Article 37 Authentic texts The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Convention. DONE at New York, this twenty-first day of May one thousand nine hundred and ninety-seven.
56
Annex 5
16 ANNEX ARBITRATION Article 1 Unless the parties to the dispute otherwise agree, the arbitration pursuant to article 33 of the Convention shall take place in accordance with articles 2 to 14 of the present annex. Article 2 The claimant party shall notify the respondent party that it is referring a dispute to arbitration pursuant to article 33 of the Convention. The notification shall state the subject matter of arbitration and include, in particular, the articles of the Convention, the interpretation or application of which are at issue. If the parties do not agree on the subject matter of the dispute, the arbitral tribunal shall determine the subject matter. Article 3 1. In disputes between two parties, the arbitral tribunal shall consist of three members. Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the Chairman of the tribunal. The latter shall not be a national of one of the parties to the dispute or of any riparian State of the watercourse concerned, nor have his or her usual place of residence in the territory of one of these parties or such riparian State, nor have dealt with the case in any other capacity. 2. In disputes between more than two parties, parties in the same interest shall appoint one arbitrator jointly by agreement. 3. Any vacancy shall be filled in the manner prescribed for the initial appointment. Article 4 1. If the Chairman of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the President of the International Court of Justice shall, at the request of a party, designate the Chairman within a further two-month period. 2. If one of the parties to the dispute does not appoint an arbitrator within two months of receipt of the request, the other party may inform the President of the International Court of Justice, who shall make the designation within a further two-month period. Article 5 The arbitral tribunal shall render its decisions in accordance with the provisions of this Convention and international law.
Annex 5
57
17 Article 6 Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own rules of procedure. Article 7 The arbitral tribunal may, at the request of one of the parties, recommend essential interim measures of protection. Article 8 1. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their disposal, shall: (a) Provide it with all relevant documents, information and facilities; and (b) Enable it, when necessary, to call witnesses or experts and receive their evidence. 2. The parties and the arbitrators are under an obligation to protect the confidentiality of any information they receive in confidence during the proceedings of the arbitral tribunal. Article 9 Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the costs of the tribunal shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its costs, and shall furnish a final statement thereof to the parties. Article 10 Any party that has an interest of a legal nature in the subject matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal. Article 11 The tribunal may hear and determine counterclaims arising directly out of the subject matter of the dispute. Article 12 Decisions both on procedure and substance of the arbitral tribunal shall be taken by a majority vote of its members.
58
Annex 5
18 Article 13 If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or a failure of a party to defend its case shall not constitute a bar to the proceedings. Before rendering its final decision, the arbitral tribunal must satisfy itself that the claim is well founded in fact and law. Article 14 1. The tribunal shall render its final decision within five months of the date on which it is fully constituted unless it finds it necessary to extend the time limit for a period which should not exceed five more months. 2. The final decision of the arbitral tribunal shall be confined to the subject matter of the dispute and shall state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the final decision. Any member of the tribunal may attach a separate or dissenting opinion to the final decision. 3. The award shall be binding on the parties to the dispute. It shall be without appeal unless the parties to the dispute have agreed in advance to an appellate procedure. 4. Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the final decision may be submitted by either party for decision to the arbitral tribunal which rendered it. _____________
Documentation from the Chile-Bolivia
Mixed Commissions
(Annexes 6 - 20)
59
60
Annex 6
Chile-Bolivia Boundary Comission, Minutes of 23 March 1906,
in: Records of the Chile-Bolivia Boundary, pp. 1-2
(Original in Spanish, English translation)
61
62
Annex 6
Original
Records of the
Chile-Bolivia Boundary
(provided by the Bolivian Commission).
(Stamp on all pages: Bolivia-Chile Boundary Commission)
(Left margin on all pages: signature and stamp; General Oscar Mariaca Pando, Chair of the Bolivian Boundary Commission with Chile)
MINUTES
The Undersigned, Heads of the commissions of engineers, on behalf of Chile and Bolivia, who have to mark out the boundary line indicated in the Treaty of 20 October 1904, have agreed to the following:
1st.- The demarcation of the boundary line shall be done by means of iron pyramids, which will be placed at the following points, it being possible to make slight changes.
Number of Pyramids
2 From the Cerro Chipe (96) to the Sanctuary (95) located north of Tambo del Mauri
6 From the Sanctuary to Visviri (94)
4 From Visviri to the point where the brook of the Cosapilla estate joins the Caquena river (93)
1 Where the line leaves the Caquena river (92)
1 On Cerro Carviri (91)
1 In the Achuta pass (90)
1 In the Casiri pass (88)
1 In Portezuelo (narrow pass) de Huancollo (84)
1 In Portezuelo de Tambo Quemado (82)
1 At the landmark of Japu (80)
1 At the edge of the Lauca river (Macaya) (78)
2 Between Macaya and Cerro Puquintica (77)
1 At the opening between Cerro Puquintica and Cerro Quilhuiri (76)
1 Cerro Capitan (74)
1 Cerrito (hillock) Payacollo (71)
1 On the edge of Quimsachata (68)
1 Piramide (pyramid) de Jamachuma (67)
1 Priamide Tres Cruces (66)
1 Piramide de Chapillicsa (64)
1 Cerrito de Toldo (62)
1 Cerrito Prieto (61)
1 Cerrito de Quellaga (60)
1 Cerrito de Tapacollo (59)
1 Cerrito de Salitral (58)
1 Portezuelo de Sierra Huaila (56)
1 Apacheta (cairn) de Tola (55)
1 On Alto (plateau) de Panantalla – or Pahuantalla- (54)
At the request of the Head of the Bolivian Commission, the demarcation of the border in the stretch between Alto de Panantalla and Cerro Piga is left pending.
1 Between Piga and Sillillica (40)
1 At Apacheta de Sillillica
3 Between Sillillica and Cerro Laguna (37)
2 Between Cerro Laguna and Cerro Huailla (36)
3 Between Cerro Napa and Cerro Caiti (33)
2 Between Cerro Huailla and Napa (34)
2 Between Caiti and Cerro Chela (30)
1 Portezuelo de Chela
1 Portezuelo de Bofedal
1 Portezuelo de Irruputuncu
1 Portezuelo de Laguna
1 The opening of Chutinza
At the request of the Head of the Bolivian Commission of engineers, the demarcation of the frontier in the stretch between Volcán Olca and Cerro Chipapa is left pending, and then continues as follows.
1 Cerro Chipapa (22)
1 At the northern side of Salar (salt flat) de Ollagüe
Annex 6
63
64
Annex 6
2 At some elevation on each side of the railway
1 Between Volcán Ollagüe and Cerro Araral (Aral) (20)
1 In Portezuelo de Ascotán
1 In Portezuelo del Inca
1 Between the Inca hills (18) and Cerro Inacaliri
1 At the Silala River
1 At Cerrito de Silala (16)
1 Portezuelo de Silala
1 Paso de Linzor
1 Portezuelo de Panizo
1 North of Cerro Pajonal (9)
1 South of Cerro Pajonal
1 Portezuelo de Chaxas
1 Portezuelo del Cajón (3)
5 Between Portezuelo del Cajón and Cerro Zapaleri (1)
2nd.-The Head of the Chilean Commission of engineers appoints four delegates to act on his behalf in the erection of the dividing pyramids, and the Head of the Bolivian Commission, in turn, appoints three delegates in the same capacity.
The names of the persons appointed as delegates will be timely communicated between the undersigned Heads.
3rd.-The demarcation works shall begin in Chilcaya on 20 May next year, in the presence of four delegates, two from each party. The works shall continue from Cerro Puquintica to the North, until Cerro Chipe with two delegates; and to the South, until Sacaya with two other delegates.
The works shall continue from Sacaya to Volcán Olca with the presence of the same Bolivian delegate who will operate from Chilcaya, and a Chilean delegate who shall wait for the Bolivian delegate in Sacaya.
The section comprised between Cerro Chipapa and Cerro Zapaleri will be demarcated by two delegates who shall meet at the Ollagüe station on 30 May next year.
4th.-Minutes will be drawn up in duplicates on the demarcation works of each of the four sections, according to the enclosed model.
5th.-The works shall be based on the Treaty of 20 October 1904, and any difficulties that may arise during operations will be overcome in conformity with the provisions made in Paragraph 5 of the Convention of Limits signed on 24 July 1905.
6th.-The provisions of this agreement constitute the instructions determined in Article 3 of the aforementioned Convention.
7th.-The undersigned Heads pledge to ask their respective governments to give orders as soon as possible to the authorities of the region subject to the demarcation, to provide all necessary assistance and to not create any difficulties to the staff of the demarcating sections.
This document is issued in two copies in the city of La Paz, on the twenty-third of March of 1906.
Everything written over erasures and between lines is valid, if it includes official initials. Everything added in brackets is invalid.
(Signed) Julio Knaudt (Signed) Luis Riso Patrón.
Annex 6
65
66
Annex 7
Chile-Bolivia Mixed Revision and Replacement Commission,
Minutes of 7 June 1924
(Original in Spanish, English translation)
67
68
Annex 7
(Top right: handwritten 2)
CHILEAN BOUNDARY COMMISSION
SECRETARIAT
ORIGINAL
MINUTES OF 7 JUNE 1924
(Demarcation and revision of boundary markers
on the Chile – Bolivia border)
MINUTES
The undersigning Heads of the Commission for the revision and replacement of boundary markers on the border between the Republics of Chile and Bolivia, further commissioned by the respective Governments to temporarily demarcate the regions comprised between Alto de Panantalla and Cerro Patalani; and between Volcán Olca and Cerro Chipapa, according to the Protocol of 1 May 1907; as well as the part of the line between the Cerro Patalani and the Cerro Piga, according to the indications of the Treaty of 20 October 1904 (which was not demarcated at the request of the Director of the Bolivian Commission, in 1906); have agreed to set forth in these Minutes that the following boundary markers have been erected by mutual agreement.
Four, in the region of Chacmuco (Chacoma), between Alto de Panantalla and Cerro Patalani.
Three, between Volcán Olca and Cerro Chipapa, having placed these in a straight line from Cerro Paroma, north to Cerro Chipapa, also having verified that from this straight line to the easternmost part of the Collaguasi railroad there is a distance of 1560 * metres.
Six, between Cerro Irruputuncu and Cerro Piga.
Enclosed to these Minutes are the geographic coordinates and altitudes, taken from the works executed by the Mixed Chile – Bolivia Commissions in 1906.
All the boundary markers comprised between the Cerro Piga and Cerro Sapaleri – whose data are provided in these Minutes – have also been revised.
* (handwritten: should be 1250)
Annex 7
69
BETWEEN CALTO DE PANANTALLA AND CERRO IRRUPUTUNCU
Boundary Marker No.
Treaty No.
Names
South
Latitude
Longitude
ROG
Altitude
Observations
38
Apacheta (cairn) de Tillujaya
19 36 35
68 35 35
3960
New without concrete
39
Apacheta de Oje
19 40 26
68 37 33
4422
New with concrete
40
Cerro Irpa Pueblo
19 49 50
68 36 54
4282
New with concrete
41
Camino (road) Cancosa Irpa
19 50 00
68 36 35
4003
New with concrete
BETWEEN CERRO IRRUPUTUNCU AND CERRO FIGA
42
47
Cerro Irruputuncu
19 53 35
68 33 28
4215
Old, without plaque, with concrete
43
46
Apacheta Santaile
19 55 32
68 31 51
4032
Old, complete, with concrete
44
45
Apacheta Cueva Colorada
20 01 30
68 34 04
4034
Old, complete, with concrete
45
44
Vegas (water meadows) de Sacaya
20 03 08
68 35 05
3968
Old, complete, with concrete
46
43
Cerro Challacollo
20 03 08
68 39 16
4903
Old, complete, with concrete
47
42
Tres Cerrillos
20 04 15
68 42 40
4454
Old, complete, with concrete
62
Quebrada Oriente (east ravine) de Pajancha
20 59 56
68 23 08
4104
New with concrete
63
Oriente Salar (east salt pan) de Pajancha
21 01 40
68 21 50
3994
New with concrete
64
Between Quebrada (ravine) de Cosca and Cerro Chipapa
21 03 32
68 20 30
3927
New with concrete
REVISION BETWEEN CERRO PICA AND CERRO SAPALERI
48
41
Cerro de Piga
20 04 50
68 46 40
5022
Old, complete, without concrete
49
40
Apacheta oriental (eastern cairn) de Sillillica
20 08 52
68 43 10
4588
Old, without plaque, with concrete
70
Annex 7
50
Apacheta de la Rinconada o Carita
20 16 50
68 40 40
4479
Old, complete, with concrete
51
Portezuelo (narrow pass) at the northern foothill of Cerro Laguna
20 19 28
68 40 40
4420
Old, without plaque, with concrete
52
36
Apacheta de Guailla
20 22 10
68 43 40
3985
Old, without plaque, with concrete
53
35
10 km south of eastern Cerro Guailla
20 27 30
68 45 20
3978
Old, complete, without concrete
54
Abra Poniente (western mountain pass) de Napa
20 32 50
68 37 40
3766
Old, without plate, with concrete
55
Abra oriente (eastern mountain pass) de Napa
20 33 40
68 36 15
3780
Old, without plate, with concrete, missing 12 rods
56
Hill east of Cerro Chela
20 38 55
68 28 08
5140
Old, without plaque, with concrete
57
Portezuelo de Chela
20 41 00
68 32 05
4600
Old, complete, with concrete
58
Portezuelo del Bofedal
20 43 30
68 33 00
4710
Old, complete, with concrete
59
Portezuelo de Irruputuncu
20 45 00
68 34 10
4390
Old, complete, with concrete
60
Portezuelo de la laguna
20 48 10
68 33 30
4230
Old, without plaque, with concrete, missing 11 rods
61
Abra (mountain pass) de Chutinza
20 55 00
68 32 50
4545
Old, without plaque, with concrete, missing 15 rods
65
22
Cerro Chipapa
21 05 50
68 18 43
4410
Old, complete, with concrete
66
Salar (salt flat) de Ollague
21 09 10
68 17 00
3700
Old, complete, with concrete
67
North of railroad
21 12 45
68 14 55
3690
Old, complete, with concrete
68
South of railroad
21 12 47
68 14 53
3690
Old, complete, with concrete
69
On the straight line between Ollagüe – Araral
21 32 50
68 11 50
4015
Old, complete, with concrete
70
Portezuelo de Ascotan o Jardín
21 39 25
68 09 10
4430
Old, complete, with concrete
71
Portezuelo del Inca
21 43 00
68 00 05
4570
Old, complete, with concrete
72
On the straight line between Inacaliri - Inca
21 51 05
68 04 50
4458
Old, complete, with concrete
Annex 7
71
73
Silala River
22 00 40
68 02 50
4350
Old, complete, with concrete
74
Cerro Silala
22 01 30
68 01 42
4846
Old, complete, with concrete
75
Portezuelo (narrow pass) de Siloli
22 02 28
68 01 15
4551
Old, complete, with concrete
76
Portezuelo de Linzor
22 11 15
67 57 15
5065
Old, complete, without concrete
77
Portezuelo de Panizo
22 23 30
67 56 02
5083
Old, missing 4 rods, with concrete
78
North of Cerro Pajonales
22 28 50
67 54 13
4615
Old, complete, with concrete
79
South of Cerro Pajonales
22 30 30
67 53 53
4584
Old, missing 16 rods, with concrete
80
Portezuelo de Chaxas
22 47 55
67 53 23
4474
Old, missing 2 rods, with concrete
81
3
Portezuelo del Cajón
22 53 00
67 45 45
4483
Old, missing 2 rods, with concrete
82
Between Portezuelo del Cajón and Cerro Guayaquez
22 52 50
67 48 35
4660
Old, complete, with concrete
83
Between Guayaquez and Sapaleri
22 52 17
67 26 58
4560
New, with concrete
Drawn out in duplicate at Calama on the seventh day of June, nineteen hundred and twenty-four.
(Two signatures)
72
Annex 7
Annex 8
8.1 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIII,
23 September 1959
8.2 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIII,
17 September 1983
8.3 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIII,
20 August 1991
(Originals in Spanish, English translations)
73
74
Annex 8.1
Mixed Boundary Commission, Chile-Bolivia
(Left margin: stamp 1; Mixed Boundary Commission, Chile - Bolivia: stamp 2; Mixed Boundary Commission, Bolivia - Chile)
MINUTES OF THE BOUNDARY MARKER REVISION
NAME: BOUNDARY MARKER ON THE STRAIGHT LINE BETWEEN CERRITO DE SILALA AND CERRO DE INACALIRI OR DEL CAJON.
SECTION: “C”
NUMBER: LXXIII
CATEGORY: Main, iron
The Undersigning Reviser Delegates of the Mixed Boundary Commission, who met on Wednesday twenty-third of September, nineteen hundred and fifty-nine at Boundary Marker LXXIII - which was erected by the Boundary Commission constituted by Mr. Rafael GOLBORNE M. and Mr. Quintín ARAMAYO O. in
27 July 1906 pursuant to the Treaty of Peace and Amity of 20 October 1904, which gave rise to that task - have attested that said marker has not been removed and that it was in good conservation conditions.
The marker is of the same model indicated in the enclosed monograph, and its location is the one indicated at the geographical coordinates that are recorded therein. On this date it was painted according to the stipulations of the Regulations.
Its directions are:
Cerrito de SILALA
122° 03'
Volcán LINZOR
150 16
Cerro del LEON
201 48
Cerro PANIRI
249 08
Cerro INACALIRI
305 27
Cerro PABELLONCITO
5 29
NOTES:
a)
Parked at 4.10 m towards Cerrito de SILALA
b)
The highest part of each hill was overseen
(Signature)
Raúl PEÑARANDA Ahumada
Lieutenant Colonel (Ret.)
Bolivian Delegate
(Signature)
Alejandro FORCH Petit
Lieutenant Colonel
Chilean Delegate
(Signature)
Bolivian Secretary
(Signature)
Chilean Secretary
Annex 8.1
75
76
Annex 8.2
Mixed Boundary Commission, Chile-Bolivia
MINUTES OF THE BOUNDARY MARKER REVISION
NAME: BOUNDARY MARKER ON THE STRAIGHT LINE BETWEEN CERRITO DE SILALA AND CERRO DE INACALIRI OR DEL CAJON
SECTION: “C”
NUMBER: LXXIII
The Undersigning Delegates of the Chile-Bolivia Mixed Boundary Commission, who met on the seventeenth of September, nineteen hundred and eighty-three at Boundary Marker LXXIII - which was erected on 27 July 1906, by the Boundary Demarcation Commission constituted by Mr. RAFAEL GOLBORNE M. for Chile and Mr. QUINTIN ARAMAYO O. for Bolivia pursuant to the Treaty of Peace and Amity of 20 October 1904, which gave rise to that task - have attested that said marker has not been removed and that it was in good conservation conditions.
The resections observed to the same geographical features recorded in the Minutes of the Revision made to this boundary marker, signed on 23 September 1959 by the Delegates Lieutenant Colonel ALEJANDRO FORCH PETIT for Chile and Lieutenant Colonel (Ret.) RAUL PEÑARANDA AHUMADA for Bolivia, were consistent.
The marker corresponds to the model and its location is the one indicated by the geographical coordinates and height, which are indicated in the monograph enclosed to the Revision Minutes of 23 September 1959.
On this date its structure was painted orange and its plaque, white.
(Signature)
GUALBERTO RODRIGUEZ HERRERA
Bolivian Delegate
(Signature)
ARTURO AYALA ARCE
Chilean Delegate
Annex 8.2
77
78
Annex 8.3
Mixed Boundary Commission, Chile-Bolivia
MINUTES OF THE BOUNDARY MARKER REVISION
MARKER: On the straight line between Cerrito de Silala and Cerro de Inacaliri or del Cajon
SECTION: “C”
NUMBER: LXXIII
The Undersigning Delegates of the Mixed Boundary Commission, who met on the twentieth of August, nineteen hundred and ninety-one at the site where the Boundary Marker number LXXIII had been erected by the Delegates Mr. Rafael Golborne M. for Chile and Mr. Quintín Aramayo O. for Bolivia pursuant to the Treaty of Peace and Amity of October twentieth, nineteen hundred and four - have attested that said marker has not been removed and that it was in good conservation conditions.
The marker corresponds to the regulatory model and its location is given by the geographical coordinates and elevation indicated in the enclosed monograph.
On this date, the necessary data was recorded to complete the monographs under “Location of the Underground Marks”, and its structure was painted orange and its plaque, white.
Other data regarding the inspection of this boundary marker is recorded in the Revision Minutes, signed on September seventeenth, nineteen hundred and eighty-three by the Delegates Mr. Arturo Ayala Arce for Chile and Mr. Gualberto Rodríguez Herrera for Bolivia.
(Signature)
FLAVIO OCAMPO VILA
Colonel (SP)
Bolivian Delegate
(Signature)
EUGENIO MACHUCA BLANCO
Engineer
Chilean Delegate
(Signature)
GUIMER ROMERO PACHECO
Lieutenant Colonel (DIM)
Bolivian Delegate
(Signature)
RUDY SCHMIDT WALTERS
Land Surveyor
Chilean Delegate
Annex 8.3
79
80
Annex 9
Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker S/N-LXXIII,
20 August 1991
(Original in Spanish, English translation)
81
82
Annex 9
MIXED BOUNDARY COMMISSIONCHILE –BOLIVIABoundary Marker MonographBoundary Marker Model:IronDate ofErection: 27 July 1906 Revision: 20 August 1991 Location of hidden signs LinkageGraphN°Name Azimuth ° ’ 1Slope of Inacaliri00002Pothenot 1 198543Toconce 21615M.N.0000Sign 10000Sign 210300Sign 327000“Hito” = Boundary Marker (BM) “Señal” = Sign“M.N.” = Magnetic NorthSection C Number S/N (without number) - LXXIIINamePlacement Site On the straight line between Cerrito de Silala and Cerro de Inacaliri or del Cajón
Annex 9
83
84
Annex 9
Topographic Sketch of Location Origin: Plane table, Military Geographical Institute (IGM), scale 1 : 100.000Approx. Scale: 1:100,000 Base of Boundary Marker(BM): ConcreteRoads leading to the BM: Leaving from Cabana, the road to Silala is taken and at about 11 km on the left side of the road, the Boundary Marker is located. (Signature)Bolivian DelegateFLAVIO OCAMPO VILACol. (DIM)SP(Signature)Chilean DelegateEUGENIO MACHUCA BLANCOEngineer Annex N° 26 7.566.094 599.958(Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateEUGENIO MACHUCA BLANCOEngineer When was Measurement taken: 15 October 1959 Minutes N° 40Annex N° 27 Minutes N° 40Latitude - 22° 00’23”, 8 Longitude - 68°01’53”, 9 Altitude 4354 m Data referred to: PSAD 56 “LA CANOA” INTERNATIONAL ELLIPSOID, CENTRAL MERIDIAN 69° AND UTM ZONE: 19 NE
Annex 9
85
86
Annex 10
10.1 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIV,
22 September 1959
10.2 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIV,
18 September 1983
10.3 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXIV,
18 November 1992
(Originals in Spanish, English translations)
87
88
Annex 10.1
Mixed Boundary Commission, Chile-Bolivia
(Left margin: stamp 1; Mixed Boundary Commission, Chile - Bolivia: stamp 2; Mixed Boundary Commission, Bolivia - Chile)
MINUTES OF THE BOUNDARY MARKER REVISION
NAME: CERRITO DE SILALA
SECTION: “C”
NUMBER: LXXIV
CATEGORY: Main, iron
The Undersigning Reviser Delegates of the Mixed Boundary Commission, who met on Tuesday twenty-second of September, nineteen hundred and fifty - nine at Cerrito de SILALA, where Boundary Marker LXXIV was erected by the Boundary Commission constituted by Mr. Rafael GOLBORNE M. and Mr. Quintín ARAMAYO O. in 27 July 1906 pursuant to the Treaty of Peace and Amity of
20 October 1904, which gave rise to that task - have attested that said marker has not been removed and that it was in good conservation conditions.
The marker is of the same model indicated in the enclosed monograph, and its location is the one indicated by the geographical coordinates that are recorded therein. On this date it was painted according to the stipulations of the Regulations.
Its directions are:
Volcán APAGADO
115° 08’
Volcán LINZOR
153 51
Cerro TOCONCE
191 06
Cerro del LEON
209 30
Cerro PANIRI
253 16
Cerro PABELLONCITO
348 58
NOTES:
a)
Parked at 2 m south of the boundary marker
b)
The highest part of each hill was overseen
(Signature)
Raúl PEÑARANDA Ahumada
Lieutenant Colonel (Ret.)
Bolivian Delegate
(Signature)
Alejandro FORCH Petit
Lieutenant Colonel
Chilean Delegate
(Signature)
Bolivian Secretary
(Signature)
Chilean Secretary
Annex 10.1
89
90
Annex 10.2
Mixed Boundary Commission, Chile-Bolivia
MINUTES OF THE BOUNDARY MARKER REVISION
MARKER: CERRITO DE SILALA
SECTION: “C”
NUMBER: LXXIV
The Undersigning Delegates of the Chile-Bolivia Mixed Boundary Commission, who met on the eighteenth of September, nineteen hundred and eighty-three at Boundary Marker LXXIV - which was erected on 27 July 1906, by the Boundary Demarcation Commission constituted by Mr. RAFAEL GOLBORNE M. for Chile and Mr. QUINTIN ARAMAYO O. for Bolivia pursuant to the Treaty of Peace and Amity of 20 October 1904, which gave rise to that task - have attested that said marker has not been removed and that it was in good conservation conditions.
The resections observed to the same geographical features recorded in the Minutes of the Revision made to this boundary marker, signed on 22 September 1959 by the Delegates Lieutenant Colonel ALEJANDRO FORCH PETIT for Chile and Lieutenant Colonel (Ret.) RAUL PEÑARANDA AHUMADA for Bolivia, were consistent.
The marker corresponds to the model and its location is the one indicated by the geographical coordinates and height, which are indicated in the monograph enclosed to the Revision Minutes of 22 September 1959.
On this date its structure was painted orange and its plaque, white.
(Signature)
GUALBERTO RODRIGUEZ HERRERA
Bolivian Delegate
(Signature)
ARTURO AYALA ARCE
Chilean Delegate
Annex 10.2
91
92
Annex 10.3
Mixed Boundary Commission, Chile-Bolivia
(Left margin: stamp 1; Mixed Boundary Commission, Chile - Bolivia: stamp 2; Mixed Boundary Commission, Bolivia - Chile)
MINUTES OF THE BOUNDARY MARKER REVISION
MARKER: CERRITO DE SILALA
SECTION: “C”
NUMBER: 16-LXXIV
The Undersigning Delegates of the Mixed Boundary Commission, who met on the eighteenth of November, nineteen hundred and ninety-two at Cerrito de Silala - site where this Boundary Marker was erected with the number 16-LXXIV in 27 July 1906, by the Delegates Mr. Rafael Golborne M. for Chile and Mr. Quintín Aramayo O. for Bolivia pursuant to the Treaty of Peace and Amity of 20 October 1904 - have attested that said marker has not been removed and that it was in good conservation conditions.
The marker corresponds to the model indicated in the enclosed monograph, and its location is given by the geographical coordinates and elevation indicated therein. On this date, its hidden markings were painted and placed, according to the stipulation made in the Activities Regulations.
The measurements effected from the site where this Boundary Marker is located, correspond to those recorded in the Revision Minutes signed on
22 September 1959.
(Signature)
FLAVIO OCAMPO VILA
Colonel (SP)
Bolivian Delegate
(Signature)
EUGENIO MACHUCA BLANCO
Engineer
Chilean Delegate
(Signature)
GUIMER ROMERO PACHECO
Lieutenant Colonel (DIM)
Bolivian Delegate
Annex 10.3
93
94
Annex 11
Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker N° 16-LXXIV,
18 November 1992
(Original in Spanish, English translation)
95
96
Annex 11
Location of hidden signs Linking Graph N°Name Azimuth ° ’ 1Pothenot 00002Toconce 27303Slope of Inacaliri16348M.N.0000Sign 11050Sign 214255Sign 323315“Hito” = Boundary Marker (BM)“Señal” = Sign“M.N.” = Magnetic NorthMIXED BOUNDARY COMMISSIONCHILE –BOLIVIABoundary Marker MonographBoundary Marker Model:IronErection:27 July 1906 Revision: 18 November 1992 SectionC Number 16- LXXIVNamePlacement SiteCerrito de Silala Date of
Annex 11
97
98
Annex 11
Topographic Sketch of Location Origin: Plane table, Military Geographical Institute (IGM), scale 1 : 100.000Approx. Scale: 1:100,000 Base of Boundary Marker(BM): ConcreteRoads leading to BM:Leaving from Cabana,the road to Siloli is taken - and in front of the water intake,on the righthand side is Cerrito de Silala. On its peak is the Boundary Marker.(Signature)Bolivian DelegateFLAVIO OCAMPO VILACol. (DIM)SP(Signature)Chilean DelegateEUGENIO MACHUCA BLANCOEngineer Annex N° 26 601.886(Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateEUGENIO MACHUCA BLANCOEngineer EMeasurement taken: 10 October 1959Minutes N° 40Annex N° 27 Latitude - 22° 01’13”, 3 Longitude - 68°00’46”, 3 Altitude 4850 m Data referred to: PSAD 56 “LA CANOA” INTERNATIONAL ELLIPSOID, CENTRAL MERIDIAN -69° AND UTM ZONE: 19 Minutes N° 40N 7.564.558 Annex 11
99
100
Annex 12
12.1 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXV,
17 September 1983
12.2 Chile-Bolivia Mixed Boundary Commission,
Revision Minutes of Boundary Marker N° LXXV,
20 August 1991
(Originals in Spanish, English translations)
101
102
Annex 12.1
Mixed Boundary Commission, Chile-Bolivia
MINUTES OF THE BOUNDARY MARKER REVISION
MARKER: PORTEZUELO (narrow pass) OF SILALA
SECTION: “C”
NUMBER: LXXV
The Undersigning Delegates of the Chile-Bolivia Mixed Boundary Commission, who met on the seventeenth of September, nineteen hundred and eighty-three at Boundary Marker LXXV - which was erected on 27 July 1906, by the Boundary Demarcation Commission constituted by Mr. RAFAEL GOLBORNE M. for Chile and Mr. QUINTIN ARAMAYO O. for Bolivia pursuant to the Treaty of Peace and Amity of 20 October 1904, which gave rise to that task - have attested that said marker has not been removed and that it was in good conservation conditions.
The resections observed to the same geographical features recorded in the Minutes of the Revision made to this boundary marker, signed on 24 September 1959 by the Delegates Lieutenant Colonel ALEJANDRO FORCH PETIT for Chile and Lieutenant Colonel (Ret.) RAUL PEÑARANDA AHUMADA for Bolivia, were consistent.
The marker corresponds to the model and its location is the one indicated by the geographical coordinates and height, which are indicated in the monograph enclosed to the Revision Minutes of 24 September 1959.
On this date its structure was painted orange and its plaque, white.
(Signature)
GUALBERTO RODRIGUEZ HERRERA
Bolivian Delegate
(Signature)
ARTURO AYALA ARCE
Chilean Delegate
Annex 12.1
103
104
Annex 12.2
Mixed Boundary Commission, Chile-Bolivia
MINUTES OF THE BOUNDARY MARKER REVISION
MARKER: Portezuelo (narrow pass) of Silala
SECTION: “C”
NUMBER: LXXV
The Undersigning Delegates of the Mixed Boundary Commission, who met on the twentieth of August, nineteen hundred and ninety-one at the site where the Boundary Marker number LXXV was erected by the Delegates Mr. Rafael Golborne M. for Chile and Mr. Quintín Aramayo O. for Bolivia pursuant to the Treaty of Peace and Amity of October twentieth, nineteen hundred and four, have attested that said marker has not been removed and that it was in good conservation conditions.
The marker corresponds to the regulatory model and its location is given by the geographical coordinates and elevation indicated in the enclosed monograph.
On this date, the necessary data were taken to complete the monographs under “Location of the Underground Marks”, and update the “Road that leads to the Boundary Marker”. Its structure was painted orange and its plaque, white.
Other data regarding the inspection of this boundary marker is recorded in the Revision Minutes, signed on September seventeenth, nineteen hundred and eighty-three by the Delegates Mr. Arturo Ayala Arce for Chile and Mr. Gualberto Rodríguez Herrera for Bolivia.
(Signature)
FLAVIO OCAMPO VILA
Colonel (SP)
Bolivian Delegate
(Signature)
EUGENIO MACHUCA BLANCO
Engineer
Chilean Delegate
(Signature)
GUIMER ROMERO PACHECO
Lieutenant Colonel (DIM)
Bolivian Delegate
(Signature)
RUDY SCHMIDT WALTERS
Land Surveyor
Chilean Delegate
Annex 12.2
105
106
Annex 13
Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker S/N-LXXV,
20 August 1991
(Original in Spanish, English translation)
107
108
Annex 13
MIXED BOUNDARY COMMISSIONCHILE –BOLIVIAC Boundary Marker MonographBoundary Marker Model:IronS/N (without number) - LXXV Location of hidden signs Linking Graph N°Name Azimuth ° ’ 1Toconce 00002Pothenot 39163Slope of Inacaliri4958M.N.0000Sign 10000“Hito” = Boundary Marker (BM) “Señal” = Sign“M.N.” = Magnetic NorthSign 29700Sign 323500SectionNumber NamePlacement SiteBetween Volcán Apagado and Cerrito de Silala Date ofErection:27 July 1906 Revision: 20 August1991
Annex 13
109
110
Annex 13
TopographicSketch of LocationOrigin: PreliminaryMap,MilitaryGeographicalInstitute of Chile (IGM), Scale 1 : 250.000Approx. Scale: 1 : 250.000Base of Boundary Marker(BM): ConcreteRoads leading toBM:Leaving from Boundary Marker LXXIII,continue in aNE direction along theSilala River.Afterwards continue going around Cerrito de Silalaheading south: after 7 km, one arrives at the narrow pass formed by Cerrito de Silala and Volcán Apagado, wheretheBoundary Markeris located. (Signature)Bolivian DelegateFLAVIO OCAMPO VILACol. (DIM)SP(Signature)Chilean DelegateEUGENIO MACHUCA BLANCOEngineer Annex N° 26 602.620(Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateEUGENIO MACHUCA BLANCOEngineer Minutes N° 40Measurement taken:14 October1953Minutes N° 40Annex N° 27 Latitude - 22° 02’09”, 2 Longitude - 68°00’20”, 3 Altitude 4553 m Data referred to: PSAD 56 “LA CANOA” INTERNATIONAL ELLIPSOID, CENTRAL MERIDIAN -69° AND UTM ZONE: 19 N 7.562.834 E
Annex 13
111
112
Annex 14
Chile-Bolivia Mixed Boundary Commission,
Minutes N° 38, 28 April 1992
(Original in Spanish, English translation)
113
114
Annex 14
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin: stamp 1; Mixed Boundary Commission, Chile - Bolivia; several signatures: stamp 2; Mixed Boundary Commission, Bolivia - Chile; several signatures)
MINUTES NUMBER THIRTY-EIGHT (38)
In the city of La Paz, Republic of Bolivia, on the twentieth of April, nineteen hundred and ninety-two, the Bolivia-Chile Mixed Boundary Commission held its XIX Plenary Meeting, presided by Brigadier General (SP) OSCAR WILDE FERNANDEZ, Chair of the Mixed Commission and also Alternate Chair of the Bolivian Boundary Commission, and the following Delegates in attendance:
FOR BOLIVIA
Alternate Chair: Brigadier General (SP) OSCAR WILDE FERNANDEZ
Delegates: Colonel (SP) Engineer FLAVIO OCAMPO VILA
Lt. Col. (DIM) GUIMER ROMERO PACHECO
Dr. TEODOSIO IMAÑA CASTRO
FOR CHILE
Chair of the
Chilean Delegation: Engineer, EUGENIO MACHUCA BLANCO
Delegates: Land Surveyor, RUDY SCHMIDT WALTERS
Geographer, EDMUNDO VALDIVIA REYES
Attorney, SANTIAGO MELO ZAÑARTU
Messrs. LUIS DAZA MARIN and ALFREDO LAGOS VALDIVIA, from the Bolivian and Chilean Delegations respectively, acted as Secretaries.
…
Annex 14
115
116
Annex 14
Annex 14
117
118
Annex 14
Annex 14
119
120
Annex 14
Annex 14
121
122
Annex 14
Annex 14
123
124
Annex 14
Annex 14
125
126
Annex 14
Annex 14
127
128
Annex 14
Annex 14
129
130
Annex 14
Annex 14
131
132
Annex 14
Annex 14
133
134
Annex 14
INACALIRI (2200-6800) AND LINZOR (2200-6745) SHEETS. Section comprised between the coordinate points obtained from the respective topographic sheets
Y(N) = 7.563.550, X(E) = 602.300 (Inacaliri Sheet); and Y(N) = 7.562.850,
X(E) = 603.140 (Linzor Sheet). The Mixed Commission decided to leave the drawing of the international boundary interrupted in this section, considering that, once identified its development (according to the 1904 Peace Treaty) – along the ridge that from the peak of Volcán Apagado (15) heads toward Cerrito de Silala (16) – it must abandon such continuity to pass through the Boundary Marker LXXV, located between the Volcán Apagado and Cerrito de Silala.
Annex 14
135
On this matter, the Mixed Commission deems that in order to solve the situation set forth, straight lines should be drawn from Boundary Marker LXXV in direction of the points where the lay out was interrupted.
136
Annex 14
Annex 14
137
138
Annex 14
Annex 14
139
140
Annex 14
Annex 14
141
142
Annex 14
Annex 14
143
144
Annex 14
Annex 14
145
146
Annex 14
Annex 14
147
148
Annex 14
Annex 14
149
150
Annex 14
Annex 14
151
152
Annex 14
LAST PARAGRAPH
Messrs. Ambassador HERNANDO VELASCO TARRAGA, Chair of the National Commission of Sovereignty and Boundaries of Bolivia, and Ambassador JAVIER ILLANES FERNANDEZ, National Director of Borders and Boundaries of the State of Chile, bearing in mind the agreements and decisions reached by the Bolivia-Chile Mixed Boundary Commission, as recorded in these Minutes, and the agreements reached by the undersigned under Point 8.1 thereof, agree on the fact that - with these agreements - the pending issues regarding the demarcation of the international boundary are solved. Therefore they agree on presenting the text of the Minutes to their respective Governments for approval, in accordance with the provisions made in Article 2 of the Regulations of the Mixed Commission.
(Signature)
Hernando Velasco T.
AMBASSADOR
Chair of the National Commission of Sovereignty and Boundaries
(Signature)
Javier Illanes Fernández
AMBASSADOR
National Director of State Borders
and Boundaries
As there were no further issues to deal with, the Mixed Commission adjourns this Plenary.
(Continues on the back of the page)
Annex 14
153
154
Annex 14
Meeting on April twenty-eight, nineteen hundred and ninety-two, in witness whereof the Chairs, Delegates, and Secretaries set their signature and seal on these Minutes, in two copies having identical content.
(Signature)
Brigadier Gen. (SP) Oscar e. Wilde Fernández
Alternate Chair of the Bolivian
Boundary Commission
(Signature)
EUGENIO MACHUCA BLANCO
Chair of the
Chilean Delegation
(Signature)
Col. Engineer Flavio Ocampo Vila
Delegate of the Bolivian
Boundary Demarcation Commission
(Signature)
RUDY SCHMIDT WALTERS
Delegate of the
Chilean Boundary Commission
(Signature)
Lt. Col. DIM Guimer Romero Pacheco
Delegate of Bolivia
(Signature)
EDMUNDO VALDIVIA REYES
DELEGATE OF THE
CHILEAN BOUNDARY COMMISSION
(Signature)
Dr. Teodosio Imaña Castro
Delegate, Legal Advisor
On Boundaries
(Signature)
SANTIAGO MELO ZAÑARTU
DELEGATE OF THE
CHILEAN BOUNDARY COMMISSION
(Signature)
Luis Daza Marín
Secretary of the
Bolivian Boundary Commission
(Signature)
Alfredo Lagos Valdivia
Secretary of the
Chilean Boundary Commission
Annex 14
155
156
Annex 15
15.1 Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker S/N Inacaliri,
4 November 1993
15.2 Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker S/N Linzor (a),
4 November 1993
15.3 Chile-Bolivia Mixed Boundary Commission,
Monograph of Boundary Marker S/N Linzor (b),
4 November 1993
(Originals in Spanish, English translations)
157
158
Annex 15.1
Boundary Marker Model:IronLocation of hidden signs Linking Graph N°Name Azimuth ° ’ Magnetic North00001Volcán Apagado116402BM a) Linzor 132053Cerro Cabana 135104BM LXXV158105Volcán Linzor 164156BM a) Inacaliri20610Sign 12610Sign 215745Sign 327630“Hito” = Boundary Marker (BM)“Señal” = SignMIXED BOUNDARY COMMISSIONCHILE –BOLIVIABoundary Marker Monograph Number S/N (without number) NameINACALIRIPlacement SiteEnd of ridge along which the boundary runs towards Boundary Marker 16-LXXIV –SECTION CDate ofErection:4 November 1993 Revision:
Annex 15.1
159
160
Annex 15.1
Topographic Sketch of Location Origin: Preliminary Map of Ollagüe – 2169, Chuquicamata - 2269 Scale: 1:250,000 Base of Boundary Marker(BM): ConcreteRoads leading to BM: From Chile, from the Inacaliri Police Station, on the way to the Cabana Sulphur Mine, at 12.5 km the track is followed towards the north and, and after 16 km, it arrives at Portezuelo (narrow pass) de Silala. The BM is located NW at approx. 300 m from the track. From Bolivia, leaving from Laguna (lagoon) Colorada (Camp ENDE) northward for 38 km, then head west for 9 km, cross Silala River towards the south until reaching Portezuelo de Silala for 2.4 km. Boundary Marker S/N (without number) a) Inacaliri is located at approx. 300 m from the track. (Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)(Signature)Chilean DelegateGABRIEL MONTERO URANGACOLONEL (IMP)Annex N° 16 4551 (Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateGABRIEL MONTERO URANGACOLONEL (IMP)Minutes N° 43Measurement taken: 4 November 1993 Datareferred to: PSAD 56 LA CANOAINTERNATIONAL ELLIPSOID, CENTRAL MERIDIAN 69 AND ZONE 19Minutes N° 43Annex N° 15 Latitude - 22° 01’ 46”, 1 Longitude - 68° 00’ 31”, 7 AltitudeN7.563.549 E602.300 Altitude 4551 Annex 15.1
161
162
Annex 15.2
MIXED BOUNDARY COMMISSION CHILE –BOLIVIABoundary Marker MonographNumberS/N (without number)NameLINZOR (a)Placement SiteEnd ofthe ridge along which the boundary runs towardsVolcán Apagado–SECTION CBoundary Marker Model:IronDateofConstruction:4 November 1993Revision:Location of hiddensignsLinking Graph“Hito” = Boundary Marker (BM)“Señal” = SignN°Name Azimuth °’Magnetic North00001Volcán Apagado 113252BM b) Linzor117203Volcán Linzor167554BM a) Linzor204155Cerro del León 226406BM LXXV270057BMLXXIVCerrito de Silala32605Sign 12415Sign 215010Sign 325535
Annex 15.2
163
164
Annex 15.2
Topographic Sketch of LocationOrigin: Preliminary Map of Chuquicamata – 2269 Scale: 1:250,000Base of Boundary Marker(BM): ConcreteRoads leading to BM:From Chile, from the Inacaliri Police Station, on the wayto the Cabana Sulphur Mine, at 12.5 km the trackis followed towards thenorth and, after 16 km, itarrives at Boundary MarkerLXXV and, heading NE, at approx. 520 m, where the Boundary Marker is located.(Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateGABRIEL MONTERO URANGACOLONEL(IMP)Measurement taken: 4 November 1993 Minutes N° 43Annex N° 15Minutes N° 43Annex N° 16Latitude - 22° 02’ 08”, 6 N 7.562.849Longitude - 68°00’ 02”, 2E 603.141Altitude 4589mAltitude 4589 m Data referred to: PSAD 56 LA CANOAINTERNATIONAL ELLIPSOID, CENTRAL MERIDIAN 69 AND ZONE 19(Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateGABRIEL MONTERO URANGACOLONEL (IMP)
Annex 15.2
165
166
Annex 15.3
MIXED BOUNDARY COMMISSION CHILE –BOLIVIA Boundary Marker MonographNumber S/N (without number)Name LINZOR (b)Placement Site Middle partof ridge along which the boundary runs from Apagado Volcano–SECTION CBoundary Marker Model:IronDateofErection:4 November 1993Revision:Location of hiddensignsLinking Graph“Hito” = Boundary Marker (BM)“Señal” = SignN°Name Azimuth °’Magnetic North00001Volcán Apagado109052BM b) Linzor211303Cerro Toconce214354Cerro del León233355BM LXXV291556BM LXXIV Cerrito de Silala31145Sign 13130Sign 215620Sign 327910
Annex 15.3
167
168
Annex 15.3
Topographic Sketch of LocationOrigin: Preliminary Map of Chuquicamata -2269Scale: 1:250,000Base of Boundary Marker(BM): ConcreteRoads leading to BM:From Chile, from the Inacaliri Police Station, on the roadto the Cabana Sulphur Mine, at 12.5 km the trackis followed towards the north and, after 16 km, itarrivesat Boundary Marker LXXV and, heading east, at approx. 2.6 km on aridge of Volcán Apagado,where the Boundary Markeris located.(Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateGABRIEL MONTERO URANGACOLONEL (IMP)Measurement taken: 4 November 1993 Minutes N° 43Annex N° 15Minutes N° 43Annex N° 16Latitude -22° 02’ 36”, 4N7.561.982Longitude -67°58’ 55”, 2E 605.056 Altitude 4908 mAltitude 4908 m Data referred to: PSAD 56 LA CANOAINTERNATIONAL ELLIPSOID, CENTRAL MERIDIAN 69 AND ZONE 19(Signature)Bolivian DelegateFLAVIO OCAMPO VILACOL. (DIM)SP(Signature)Chilean DelegateGABRIEL MONTERO URANGACOLONEL (IMP)
Annex 15.3
169
170
Annex 16
Chile-Bolivia Mixed Boundary Commission,
Minutes N° 46, 21 April 1996
(Original in Spanish, English translation)
171
172
Annex 16
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin on all pages: stamp 1; Mixed Boundary Commission, Chile - Bolivia; several signatures: stamp 2; Mixed Boundary Commission, Bolivia - Chile; several signatures)
MINUTES NUMBER FORTY-SIX (46)
In the city of La Paz, Republic of Bolivia, on the twenty-first of April, nineteen hundred and ninety-six, the Bolivia-Chile Mixed Boundary Commission held its XXIII Plenary Meeting, presided by the Chair of the Mixed Commission and also President of the Bolivian Boundary Commission, Ambassador TEODOSIO IMAÑA CASTRO, and the following Delegates in attendance:
FOR BOLIVIA
Chair: Ambassador TEODOSIO IMAÑA CASTRO
Delegates: Colonel Engineer (SP) FLAVIO OCAMPO VILA
Colonel Engineer (RA) RAUL CAPRILES JORDAN
Lieutenant Colonel Engineer ANGEL CONDO GARCIA
FOR CHILE
Chair: Ambassador CARLOS BUSTOS DIAZ
Delegates: Engineer, EUGENIO MACHUCA BLANCO
Land Surveyor, RUDY SCHMIDT WALTERS
Land Surveyor EFRAIN OLIVARES GODOY
Messrs. LUIS DAZA MARIN and ALFREDO LAGOS VALDIVIA, from the Bolivian and Chilean Delegations respectively, acted as Secretaries.
…
Annex 16
173
174
Annex 16
Annex 16
175
176
Annex 16
Annex 16
177
178
Annex 16
Annex 16
179
180
Annex 16
Annex 16
181
182
Annex 16
Annex 16
183
184
Annex 16
Annex 16
185
186
Annex 16
Annex 16
187
188
Annex 16
Annex 16
189
190
Annex 16
Annex 16
191
192
Annex 16
Annex 16
193
194
Annex 16
Annex 16
195
196
Annex 16
Annex 16
197
198
Annex 16
Bolivian Proposal
The Bolivian Commission proposed to undertake a study for the erection of an increased-density boundary marker, in the Silala River sector (between Boundary Markers LXXIII and LXXIV).
The Chilean Delegation was informed of the proposal.
The Mixed Boundary Commission agreed to consider the matter for the next Plenary Meeting.
Annex 16
199
200
Annex 16
Annex 16
201
POINT 11 APPROVAL AND SIGNING OF THE MINUTES AND ANNEXES CORRESPONDING TO THE XXIII PLENARY MEETING.
After having dealt with the Agenda, the Mixed Commission adjourned the XXIII Plenary Meeting on 25 October nineteen hundred and ninety-six. Thus, the Chairs, Delegates, and Secretaries set their signature and seal on these Minutes, in two copies having identical content and effect.
(Signature)
Dr. Teodosio Imaña Castro
AMBASSADOR
President of the National Commission of Sovereignty and Boundaries
(Signature)
CARLOS BUSTOS DIAZ
AMBASSADOR
CHAIR OF THE CHILEAN
BOUNDARY COMMISSION
(Signature)
Engineer Flavio Ocampo Vila
TECHNICAL DIRECTOR
BOLIVIAN DELEGATE
(Signature)
Eugenio Machuca Blanco
Delegate of the
Chilean Boundary Commission
(Signature)
Engineer Raúl Capriles Jordán
BOLIVIAN DELEGATE
(Signature)
RUDY SCHMIDT WALTERS
Delegate of the
Chilean Boundary Commission
(Signature)
Lt. Col. Angel Condó García
BOLIVIAN DELEGATE
(Signature)
EFRAIN OLIVARES GODOY
Delegate
Chilean Boundary Commission
(Signature)
Luis Daza Marín
Secretary of the
Bolivian Boundary Commission
(Signature)
Alfredo Lagos Valdivia
Secretary of the
Chilean Boundary Commission
202
Annex 16
Annex 17
17.1 Chile-Bolivia Mixed Boundary Commission,
Minutes N° 49, 20 November 1998
17.2 Chile-Bolivia Mixed Boundary Commission,
Minutes N° 49, Annex N°2, 20 November 1998
(Originals in Spanish, English translations)
203
204
Annex 17.1
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin on all pages: stamp 1; Mixed Boundary Commission, Chile - Bolivia; several signatures: stamp 2; Mixed Boundary Commission, Bolivia - Chile; several signatures)
MINUTES NUMBER FORTY-NINE (49)
In the town of Pisiga Sucre, Atahuallpa Province, Department of Oruro, Republic of Bolivia, on 20 November nineteen hundred and ninety-eight, the Chile-Bolivia Mixed Boundary Commission held its Closing Meeting for the field works corresponding to the 1997-1998 period. This Meeting was presided by the Delegate of the Bolivian Boundary Commission, Colonel Engineer (SP) RAUL CAPRILES JORDAN, and the following Delegates were in attendance:
FOR BOLIVIA
Delegates: Colonel Engineer (SP) RAUL CAPRILES JORDAN
Captain Engineer RUDY RIVERO VILCA
FOR CHILE
Delegates: Engineer, EUGENIO MACHUCA BLANCO
Messrs. LUIS DAZA MARIN and RODRIGO MUÑOZ GUERRERO, from the Bolivian and Chilean Boundary Commissions respectively, acted as Secretaries.
…
Annex 17.1
205
206
Annex 17.1
Annex 17.1
207
208
Annex 17.1
The Delegates inform that a Mixed Sub-commission of Delegates was constituted, formed by Delegate Engineer EUGENIO MACHUCA BLANCO for Chile and Delegates Colonel Engineer (SP) RAUL CAPRILES JORDAN and Captain Engineer (SP) RUDY RIVERO VILCA for Bolivia, and by a Mixed Topographic Sub-commission integrated by Land Surveyor RODRIGO MUÑOZ GUERRERO for Chile and Topographers JUAN HEREDIA FUENTES and DANIEL FLORES VARGAS for Bolivia.
On days 07 and 08 of 1998, from the camps located at San Pedro de Atacama (Chile) and Laguna Colorada (Bolivia), the recognition of the boundary between Boundary Markers S/N-LXXIII and 16-LXXIV was carried out. It was determined that it was possible to increase the density in the sector by erecting a boundary marker on the northern slope of Cerrito de Silala and another one on the bottom of the Silala River ravine, between its spring and the vehicle track that exists there.
…
Annex 17.1
209
210
Annex 17.1
Annex 17.1
211
212
Annex 17.1
Annex 17.1
213
214
Annex 17.1
Annex 17.1
215
216
Annex 17.1
Annex 17.1
217
218
Annex 17.1
Annex 17.1
219
220
Annex 17.1
Annex 17.1
221
222
Annex 17.1
Annex 17.1
223
224
Annex 17.1
As there were no further issues to deal with, the President of the Bolivian Delegation Colonel Engineer (SP) RAUL CAPRILES JORDAN adjourned this Closing Meeting on 20 November nineteen hundred and ninety-eight, in witness whereof the Delegates and Secretaries ut supra set their signature and seal on these Minutes, in two copies having identical content.
(Signature)
Engineer Raúl Capriles Jordán
BOLIVIAN DELEGATE
(Signature)
Eugenio Machuca Blanco
Delegate of the
Chilean Boundary Commission
(Signature)
Engineer Rudy River Vilca
Bolivian Delegate
(Signature)
Luis Daza Marín
Secretary of the
Bolivian Boundary Commission
(Signature)
RODRIGO MUÑOZ GUERRERO
Secretary of the
Chilean Boundary Commission
Annex 17.1
225
226
Annex 17.2
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin on all pages: stamp 1; Mixed Boundary Commission, Chile - Bolivia; several signatures: stamp 2; Mixed Boundary Commission, Bolivia - Chile; several signatures)
(Handwritten: Annex 2, Minutes N° 49)
(REPORT Art. 7-c of the Activities Regulations)
MINUTES OF THE ORDINARY MEETING OF THE MIXED SUB-COMMISSION OF DELEGATES IN CHARGE OF THE FIELD WORKS ON THE CHILEAN-BOLIVIAN BORDER
In the town of Colchane, Iquique Province, First Region of Tarapacá, Republic of Chile, on November eighteenth, nineteen hundred and ninety-eight, the Mixed Sub-commission of Delegates held a meeting integrated by Engineer EUGENIO MACHUCA BLANCO for Chile, and Colonel Engineer (SP) RAUL CAPRILES JORDAN and Captain Engineer RUDY RIVERO VILCA for Bolivia, in order to place on record the activities conducted on site, during the period between 6 and 18 November of this year, which were carried in accordance to what was planned in the Minutes of the Ordinary Meeting of work initiation, on November 6, 1998.
SECTION C
From the Camps located at San Pedro de Atacama (Chile) and Laguna Colorada (Bolivia)
Mission: To reconnoitre the sector between Boundary Markers S/N-LXXIII and 16-LXXIV (on the straight line between Cerrito de Silala and Cerro Inacaliri or del Cajón), in order to issue a technical report on the Bolivian proposal to increase the density of boundary markers there.
The Mixed Sub-commission of Delegates informs the Mixed Commission that on 7 and 8 November 1998, the boundary between Boundary Markers S/N-LXXIII and 16-LXXIV was reconnoitred.
On the matter, once the recognition, study and technical analysis had been carried out, the Delegates, being in agreement, informed the following:
Annex 17.2
227
It is possible to increase the density in the sector by erecting a boundary marker on the northern slope of Cerrito de Silala and another on the bottom of the Silala River ravine, between its spring and the vehicle track that exists there.
The straight line of the boundary between Boundary Markers 16-LXXIV Cerrito de Silala and S/N-LXXIII would be determined by using Auxiliary Points.
…
228
Annex 17.2
Annex 17.2
229
230
Annex 17.2
For the record, these Minutes are signed in two copies having identical content, on November eighteenth, nineteen hundred and ninety-eight.
(Signature)
Engineer Raúl Capriles Jordán
BOLIVIAN DELEGATE
(Signature)
Eugenio Machuca Blanco
Delegate of the
Chilean Boundary Commission
(Signature)
Engineer Rudy Rivero Vilca
Bolivian Delegate
Annex 17.2
231
232
Annex 18
Chile-Bolivia Mixed Boundary Commission,
Minutes N° 50, Annex N° 5, 2 December 1998
(Original in Spanish, English translation)
233
234
Annex 18
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin on all pages: stamp 1; Mixed Boundary Commission, Chile - Bolivia: stamp 2; Mixed Boundary Commission, Bolivia - Chile)
MINUTES NUMBER FIFTY (50)
ANNEX NUMBER FIVE (5)
REPORT ON THE FIELD WORK TO BE CONSIDERED FOR THE PLANNING OF ANNUAL WORKS
Annex 18
235
236
Annex 18
…
III. SECTION C
…
4. ERECTION OF BOUNDARY MARKERS AND COLLECTION OF BACKGROUND INFORMATION FOR THEIR MONOGRAPHS:
-1 Boundary marker at Point (2) of the Border (GUAYAQUES hills)
-2 Boundary markers between Boundary Markers S/N-LXXIII and 16-LXXIV (In the Silala River ravine and on the northern slope of Cerrito de Silala)
…
(Signature)
Dr. Teodosio Imaña Castro
AMBASSADOR
President of the National Commission of Sovereignty and Boundaries
(Signature)
CARLOS BUSTOS DIAZ
AMBASSADOR
CHAIR OF THE CHILEAN
BOUNDARY COMMISSION
Annex 18
237
238
Annex 19
Chile-Bolivia Mixed Boundary Commission,
Minutes N° 51, 3 May 2001
(Original in Spanish, English translation)
239
240
Annex 19
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin on all pages: stamp 1; Mixed Boundary Commission, Chile - Bolivia; several signatures: stamp 2; Mixed Boundary Commission, Bolivia - Chile; several signatures)
PAGE ONE (1)
MINUTES NUMBER FIFTY-ONE (51)
In the city of Santiago, Republic of Chile, on the third of May two thousand and one, the Chile-Bolivia Mixed Boundary Commission held its XXVI Plenary Session, presided by the Chair of the Mixed Commission, and also Chair of the Chilean Boundary Commission, Ambassador SERGIO MIMIÇA, and the following Delegates in attendance:
FOR CHILE
Chair: Ambassador SERGIO MIMIÇA
Delegates: Engineer EUGENIO MACHUCA BLANCO
Land Surveyor EFRAIN OLIVARES GODOY
FOR BOLIVIA
Chair: Ambassador TEODOSIO IMAÑA CASTRO
Delegates: Colonel Engineer (SP) RAUL CAPRILES JORDAN
Colonel Engineer (RA) GUIMER ROMERO PACHECO
Messrs. ALFREDO LAGOS VALDIVIA and LUIS DAZA MARIN, from the Chilean and Bolivian Delegations respectively, acted as Secretaries.
Having opened the session, the Chair of the Chilean Delegation, Ambassador SERGIO MIMIÇA welcomed the Bolivian Delegation cordially and wished them a pleasant stay in Santiago. He expressed that he was confident that on this occasion progress would be made in the general tasks of the Mixed Commission and in the scheduling of the future field work. He regretted that due to administrative reasons the Bolivian Party had been unable to go on site to carry out the work that had been planned in the
Annex 19
241
242
Annex 19
Plenary Session of 1998.
The Ambassador also stated that the Mixed Commission still has to execute tasks of great importance for the compliance of the objectives entrusted by the 1942 Protocol on the Conservation of Boundary Markers and the Activities Regulations. He shall make his best efforts to conclude those tasks in an environment of fraternity and understanding, as should always prevail in the ties between these sister nations.
…
Annex 19
243
244
Annex 19
Annex 19
245
246
Annex 19
Annex 19
247
248
Annex 19
Annex 19
249
250
Annex 19
Annex 19
251
252
Annex 19
Annex 19
253
254
Annex 20
20.1 Chile-Bolivia Mixed Boundary Commission,
Minutes N° 53, 28 October 2011
20.2 Chile-Bolivia Mixed Boundary Commission,
Minutes N° 53, Annex N°4, 28 October 2011
(Originals in Spanish, English translations)
255
256
Annex 20.1
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin on all pages: stamp 1; Mixed Boundary Commission, Chile - Bolivia; several signatures: stamp 2; Mixed Boundary Demarcation Commission, Bolivia - Chile; several signatures)
PAGE 1
MINUTES NUMBER FIFTY-THREE (53)
In the city of Santa Cruz de la Sierra, Plurinational State of Bolivia, on 28 October two thousand and eleven, the Bolivia-Chile Mixed Boundary Commission held its XXVII Plenary Session, presided by the Chair of the Mixed Commission, and also Chair of the National Commission of Sovereignty and Boundaries of Bolivia, Engineer ROGEL SANTIAGO MATTOS RUEDAS, and the following Delegates in attendance:
FOR BOLIVIA
Chair: Engineer Rogel Santiago Mattos Ruedas
Delegates: Minister-Counsel Álvaro Calderón Guzmán
Engineer Rubén Fernández Quisbert
FOR CHILE
Delegates: Geographer Julio Poblete Muñoz (Head of the Delegation)
Land Surveyor Engineer Rodrigo Muñoz Guerrero
Messrs. José Colodro Baldiviezo and Alfredo Lagos Valdivia, from the Bolivian and Chilean Delegations respectively, acted as Secretaries.
…
Annex 20.1
257
258
Annex 20.1
8.5 Report on the field works to be considered in the Annual Task Planning
The Mixed Commission agreed to include in these Minutes as Annex N° 4, the “Report on the Field Works to be considered in the Annual Task Planning” and that appears as Annex N° 5 of the Minutes N° 50.
…
Annex 20.1
259
260
Annex 20.1
POINT 11 APPROVAL AND SIGNING OF THE MINUTES AND ANNEXES CORRESPONDING TO THE XXVII PLENARY SESSION
Having dealt with the Agenda, the Mixed Commission adjourned the XXVII Plenary Session on 28 October two thousand and eleven. The Chair of the Bolivian Delegation, the Head of the Chilean Delegation, Delegates, and Secretaries set their signature and seal on these Minutes, in two copies having identical content and effect, after giving their approval.
(Signature)
Eng. ROGEL S. MATTOS RUEDAS
President of the Bolivian National Commission of Sovereignty and Boundaries
(Signature)
JULIO POBLETE MUÑOZ DIAZ
Head of the Delegation
Chilean Boundary Commission
(Signature)
M.C. ÁLVARO CALDERÓN GUZMÁN
Delegate of the Bolivian National Commission of Sovereignty and Boundaries
(Signature)
RODRIGO MUÑOZ GUERRERO
Delegate
Chilean Boundary Commission
(Signature)
Eng. RUBÉN FERNÁNDEZ QUISBERT
Delegate of the Bolivian National Commission of Sovereignty and Boundaries
(Signature)
ALFREDO LAGOS VALDIVIA
Secretary
Chilean Boundary Commission
(Signature)
JOSÉ COLODRO BALDIVIEZO
Secretary of the Bolivian National Commission of Sovereignty and Boundaries
Annex 20.1
261
262
Annex 20.2
(Letterhead on all pages: Mixed Boundary Commission, Chile-Bolivia)
(Left margin on all pages: stamp 1; Mixed Boundary Commission, Chile - Bolivia; several signatures: stamp 2; Mixed Boundary Demarcation Commission, Bolivia - Chile; several signatures)
PAGE 1
REPORT ON THE FIELD WORKS TO BE CONSIDERED IN THE ANNUAL TASK PLANNING
ANNEX 4 OF THE MINUTES N° 53
…
Annex 20.2
263
264
Annex 20.2
Annex 20.2
265
266
Annex 20.2
4.
ERECTION OF BOUNDARY MARKERS AND COLLECTION OF THE RECORDS FOR THEIR MONOGRAPHS
- 1 Boundary marker at Point (2) of the Border (GUAYAQUES hills)
- 2 Boundary markers between Boundary Markers S/N-LXXIII and 16-LXXIV (in the ravine of the Silala River and on the northern slope of Cerrito de Silala).
5.
BOUNDARY MARKER REPAIRS
-
Boundary Marker S/N-LXXVI Portezuelo (narrow pass) de Linzor (tip)
(Signature)
Eng. ROGEL S. MATTOS RUEDAS
President of the Bolivian National Commission of Sovereignty and Boundaries
(Signature)
JULIO POBLETE MUÑOZ DIAZ
Head of the Delegation
Chilean Boundary Commission
(Signature)
M-C ÁLVARO CALDERÓN GUZMÁN
Delegate of the Bolivian National Commission of Sovereignty and Boundaries
(Signature)
RODRIGO MUÑOZ GUERRERO
Delegate
Chilean Boundary Commission
(Signature)
Eng. RUBÉN FERNÁNDEZ QUISBERT
Delegate of the Bolivian National Commission of Sovereignty and Boundaries
(Signature)
ALFREDO LAGOS VALDIVIA
Secretary
Chilean Boundary Commission
(Signature)
JOSÉ E. COLODRO BALDIVIEZO
Secretary of the Bolivian National Commission of Sovereignty and Boundaries
Annex 20.2
267
268
269
Documentation from the Chile-Bolivia
Working Groups
(Annexes 21 - 24)
270
Annex 21
Minutes of the First Meeting of the Bolivia-Chile Working
Group on the Silala Issue, 6 May 2004
(Original in Spanish, English translation)
271
272
Annex 21
Annex 21
273
MINUTES OF THE BOLIVIA-CHILE WORK GROUP MEETING
ON THE SILALA ISSUE
In the city of La Paz, Republic of Bolivia, on 6 May 2004 the Delegations of Bolivia and Chile met in the halls of the Ministry of Foreign Affairs and Worship of Bolivia, presided by William Torres Armas, Director of the Unit for Foreign Policy Analysis (UDAPEX, by its acronym in Spanish) under the Ministry of Foreign Affairs and Worship of Bolivia, and Ambassador Sergio Mímica, Director of Boundaries under the Chilean Ministry of Foreign Affairs, with the objective of exchanging opinions and criteria about the waters of the Silala.
The list of the Delegations from both countries is annexed to these Minutes.
In the context of the mandate provided for by the Honourable Bolivian Minister of Foreign Affairs and Worship, Juan Ignacio Siles, and the Honourable Chilean Foreign Minister, María Soledad Alvear, at the meeting held in Buenos Aires on last 2 March (2004), the present Joint Technical Commission has been formed. Therein, as a result of the conversations held, the Delegations agreed to put the following on record:
Both Delegations began the conversation by analysing the various points set forth by the Bolivian Delegation included in the non-paper delivered to the Chilean Foreign Ministry through the General Consulate of Bolivia in Santiago, and of which the Chilean Delegation learned at this meeting. After the reading thereof, there was an exchange of opinions.
The president of the Chilean Delegation expressed how difficult it was to immediately adopt a definition on topics that had not been brought up in previous conversations between both countries. In any event, he stated that what is recorded in the non-paper constitutes a significant basis to advance on the topic, without detriment to subsequent analyses that the document may merit.
Similarly, he added that one should bear in mind the considerations mentioned in the Note from the General Consulate of Chile in La Paz N° 332/63, as well as in the Note from the Ministry of Foreign Affairs and Worship of the Republic of Bolivia, submitted on 4 May (2004).
Both Delegations agreed on the need to conduct technical and scientific studies that allow determining the nature, origin, and flows of the Silala waters, in order to thus establish a scientific basis that shall be made available to their respective governments. Additionally, the Delegations informed each other about the conclusions reached by their respective preliminary studies to date.
274
Annex 21
Annex 21
275
Furthermore, both Delegations agreed that technical organisations from both countries should conduct as of now joint studies in the Silala area regarding the following aspects:
1.
Topography, geodesics, and cartography, to be executed by the corresponding Directorates of Boundaries
2.
Geological analysis
3.
Geomorphological analysis
4.
Hydrological analysis
5.
Hydraulic evaluation of existing works
6.
Geophysical and hydrogeological explorations
Both Delegations agreed that the technical and scientific studies would be aimed at determining the nature of the waters of the Silala and its flows. It is expected that these studies shall issue conclusions on the following aspects:
1.
Origin of the water resources of the Silala
2.
Impact of the hydraulic works executed therein
3.
Determination of the flows and volumes of the surface and underground waters of the Silala
4.
Potential of the water resources of the Silala
5.
Environmental impact
6.
Water balance
7.
Recharge and discharge volumes
8.
Flow direction and velocity
9.
Relation between surface and underground waters
10.
Recharge and discharge areas of the Silala aquifer
The Bolivian Delegation indicated that the joint studies could be entrusted to the UN International Atomic Energy Agency (IAEA) and that the studies would consist in research with isotopic and hydrochemical techniques, among other.
The Chilean Delegation, in its turn, expressed that the nature of the waters would be determined by the pertinent studies, the study that the IAEA could undertake being a good alternative to support the agreed studies. This, without detriment to the possibility of resorting to other trustworthy organisations such as the UNESCO, or other entities of a good reputation, to achieve the set objectives.
Both Delegations agreed that the technical and scientific study should be titled “The Nature and Characteristics of the Water Resources of the Silala”, and that the study would be coordinated by the Foreign Ministries of both nations.
276
Annex 21
Similarly, both Delegations agreed to hold a Work Meeting on the Silala issue in the city of La Paz at the end of June of this year.
Furthermore, both Delegations will make project profiles about the technical and scientific study and of the joint study of the Silala area. Said profiles will be exchanged fifteen days prior to the Work Meeting agreed to in the paragraph above, at which time the parties shall also inform about the alternative organisations or agencies that will be needed to provide their technical and scientific support, and the conditions in which said support may be provided.
At the end of the Meeting, the president of the Chilean Delegation thanked the Bolivian Delegation for their hospitality and attentiveness.
These Minutes are signed in the city of La Paz, Republic of Bolivia, on May sixth, two thousand and four.
(Signature)
For the Delegation of the
Republic of Bolivia
(Signature)
For the Delegation of the
Republic of Chile
Annex 21
277
CHILEAN DELEGATION
Ambassador Sergio Mimiça
Director of Boundaries, DIFROL
Julio Poblete
Head of Boundary Studies, DIFROL
Humberto Peña
General Director of Water
Igor Aguirre
Head of the Hydrogeology Section – SERNAGEOMIN
Counsellor Patricio Victoriano
Consulate of Chile in La Paz
Counsellor Juan Luis Nilo
Consulate of Chile in La Paz
278
Annex 21
BOLIVIAN DELEGATION
William G. Torres Armas
Director of the Unit for Foreign Policy Analysis (UDAPEX)
Carlos Valenzuela
Vice-minister of Natural Resources
Jorge Calderón Monteverde
Officer of the Vice-ministry of Basic Services
Fernando Claro Rojas
Consultant of the Ministry of Foreign Affairs and Worship
Jorge Alvarado Rivas
Independent consultant
Wilson Magne Hinojosa
Independent consultant
Vladimir Colque Mejía
Independent consultant
Annex 22
Minutes of the Second Meeting of the Bolivia-Chile
Working Group on Bilateral Affairs, 17 July 2006
(Original in Spanish, English translation)
279
280
Annex 22
Annex 22
281
MINUTES OF THE SCEOND MEETING OF THE BOLIVIA-CHILE WORKING
GROUP ON BILATERAL AFFAIRS
As agreed by both Governments, the Bolivia-Chile Working Group on Bilateral Affairs met in the city of La Paz, Bolivia, on 17 July 2006, in order to move forward with a broad joint agenda without exclusions.
The Bolivian Delegation was chaired by Ambassador Edgar Pinto Tapia, Director General of Multilateral Relations, and the Chilean Delegation was chaired by Ambassador Juan Pablo Lira, Director of South America. A list of the Delegations from both countries is attached to these Minutes.
The Bolivian Delegation welcomed the Chilean Delegation, emphasizing its interest in the treatment of the agenda without exclusions and in seeking common ground with the Chilean party in that regard.
The Chilean Delegation thanked them for the welcome, concurred with the criteria for moving forward in the mutual interest of both countries, within the framework of a broad agenda without exclusions.
The Bolivian Delegation indicated that the goal of this meeting is to discuss the different spheres of the bilateral agenda, without going into detail, as the details are discussed at the appropriate levels.
In this regard, the Consul General of Bolivia in Chile reported on the work to prepare the Agenda, and the Consul General of Chile in Bolivia agreed that this work was done in close coordination.
...
282
Annex 22
Annex 22
283
284
Annex 22
Annex 22
285
286
Annex 22
Annex 22
287
VII. SILALA AND WATER RESOURCES
It was agreed that the 3rd Meeting of the Working Group on the Silala issue should be held in order to unify criteria that would allow a final, practical and satisfactory solution for both Parties to be reached. Furthermore, it was agreed that this issue will be dealt with by the Vice Ministers.
...
288
Annex 22
Annex 22
289
290
Annex 22
Annex 22
291
Signed in the city of La Paz on the seventeenth of July 2006.
(Signature) (Signature)
FOR BOLIVIA FOR CHILE
292
Annex 22
Annex 22
293
294
Annex 23
Minutes of the Third Meeting of the Bolivia-Chile Working
Group on the Silala Issue, 10 June 2008
(Original in Spanish, English translation)
295
296
Annex 23
(Left margin on all pages: signatures)
MINUTES OF THE THIRD MEETING OF THE BOLIVIA-CHILE
WORKING GROUP ON THE SILALA ISSUE
In Santiago, Chile, on 10 June 2008 the Delegations of Bolivia and Chile held a meeting, presided by Ambassador María Teresa Infante, National Director Borders and Boundaries of the State under the Chilean Ministry of Foreign Affairs, and Ambassador Hugo Fernández Aráoz, Vice-minister of Foreign Affairs and Worship of Bolivia, with the objective of dealing with topics related to the waters of the Silala.
The list of the Delegations from both countries is annexed to these Minutes.
The Delegations assessed the existing technical information and emphasized their interest in resuming the search for a solution to the Silala issue. And, further, in making progress in its consideration by two aspects simultaneously. On the one hand, deepening the joint and coordinated study of the technical aspects and, on the other hand, seeking an immediate basic agreement on the topics on which there is consensus.
They also reaffirmed their will to jointly achieve a rational and sustainable management of said resource.
In connection with the technical aspects, both Delegations agreed to formulate and implement a joint scheme of work in the Silala area, to determine the water balance, hydrometric behaviour, water dating, surface flows, influence of the waterworks on the streamflow, among other, using a scientifically valid and agreed methodology.
To that effect it will be necessary, initially, to install hydrological and climate monitoring stations to do the following:
Annex 23
297
298
Annex 23
a)
Measurement of the flow in the border area, including the measurement of precipitation, air temperature, and wind
b)
Measurement of liquid precipitation, snowfall, and air temperature at:
-
Watershed in the east end of the basin
-
Volcán Inacaliri area
c)
Measurement of precipitation, wind speed, air temperature, solar radiation, and relative humidity in the wetland area
d)
Analysis of water quality and isotopes, through seasonal sampling, along the river beds, in the wetland area, and in the mountainous area, of rain waters and snow.
The gauging stations will be for shared use, and the access to information shall be available to both parties.
In addition, it will be necessary to complete the cartographic works of the Silala area.
Regarding the immediate basic agreement, the Delegations confirmed that both countries have sufficient knowledge to advance in the joint determination of the present consensus criteria and initial formulae to solve the Silala issue.
The aforementioned basic agreement shall be perfected later, incorporating the conclusions and recommendations of the studies that fall within the scheme of work to be developed by an ad hoc technical commission.
Annex 23
299
300
Annex 23
The composition and mandate of the Technical Commission will be determined during the XVIII Meeting of the Political Consultations Mechanism between Chile and Bolivia.
(Signature)
For the Chilean Delegation
(Signature)
For the Bolivian Delegation
Annex 23
301
302
Annex 23
CHILEAN DELEGATION
Ambassador María Teresa Infante
National Director of State Borders and Boundaries (DIFROL, by its acronym in Spanish)
Ministry of Foreign Affairs
Ambassador Roberto Ibarra
General Consul of Chile in La Paz
Ambassador Jorge Montero
Director of the Directorate for South America (DIRAMESUR)
Ministry of Foreign Affairs
Ambassador Patricio Pozo
Director of Boundaries of DIFROL, Ministry of Foreign Affairs
Anselmo Pommes
Director of Borders of DIFROL, Ministry of Foreign Affairs
Julio Poblete
Head of the Department of Border Studies, DIFROL, Ministry of Foreign Affairs
Carlos Salazar
Director of the General Directorate of Water (Deputy)
María Angélica Alegría
General Directorate of Water
Rosa Troncoso
National Geology and Mining Service (SERNAGEOMIN)
José Javier Gorostegui
Third Secretary of DIFROL
Fernando Morales
Third Secretary of DIRAMESUR
Annex 23
303
304
Annex 23
BOLIVIAN DELEGATION
Ambassador Hugo Fernández Aráoz
Vice-minister of Foreign Affairs and Worship
Ambassador Freddy Bersatti Tudela
General Consul of the Republic of Bolivia in Santiago, Chile
Juan Carlos Alurralde
Advisor to the Minister of Foreign Affairs and Worship
Minister-Counsellor María Estela Mendoza
Head of the Unit for America
Ministry of Foreign Affairs and Worship
Second Secretary Arturo de la Riva
Unit for Foreign Policy Analysis (UDAPEX)
Ministry of Foreign Affairs and Worship
Third Secretary María Paola Soux Barrientos
In charge of the Chilean Office with the Unit for America
Ministry of Foreign Affairs and Worship
Sergio Arispe Barrientos
Head of the Communications Unit
Ministry of Water
Captain (Higher National Diploma) Jorge Espinoza Hurtado
Director of the National Service of Naval Hydrology
Annex 23
305
306
Annex 24
Minutes of the Twenty-Second Meeting of the Bolivia-Chile
Political Consultation Mechanism, 14 July 2010
(Original in Spanish, English translation)
307
308
Annex 24
Annex 24
309
MINUTES OF THE TWENTY-SECOND MEETING OF THE
POLITICAL CONSULTATIONS MECHANISM
BOLIVIA-CHILE
The 22nd Meeting of the Chile-Bolivia Political Consultations Mechanism was held in La Paz, Bolivia, from 12 to 14 July 2010, in order to analyze and monitor the progress made on the thirteen issues on the broad joint agenda without exclusions designed by both countries.
The Bolivian Delegation was headed by Envoy Mónica Soriano López, Vice-Minister of Foreign Affairs, and the Chilean Delegation was headed by Envoy Fernando Schmidt Ariztía, Undersecretary of Foreign Affairs.
This meeting was preceded by the 10th Meeting of the Working Group on Bilateral Affairs whose conclusions were submitted to the Heads of Delegation for their consideration and approval. A list of the Delegations of both countries is attached to these Minutes.
The Head of the Bolivian Delegation warmly welcomed the Chilean Undersecretary of Foreign Affairs and the Chilean Delegation, hoping for a productive work day. She mentioned both Delegations’ willingness to move forward with the bilateral agenda.
The Head of the Chilean Delegation thanked her for the warm welcome, mentioning the constructive atmosphere and interest in reaching agreements in areas of mutual benefit. He mentioned the recent meetings held by top-level authorities from both countries, which reflected the spirit of understanding and cooperation behind them. Chile’s Undersecretary of Foreign Affairs stated he was sure that this meeting would yield highly positive results beneficial to both parties.
Having approved the methodology and the agenda for the meeting, the Delegations proceeded to discuss it:
...
310
Annex 24
Annex 24
311
312
Annex 24
Annex 24
313
314
Annex 24
Annex 24
315
316
Annex 24
Annex 24
317
VIl. The Silala and Water Resources.
Both Delegations discussed the process of socialization of the Silala draft Preliminary Agreement in Bolivia, with Bolivia raising the matter of a historic debt. Given that there are no agreements in this respect, both Delegations agreed that the Working Group on the issue of the Silala River should meet again with the goal of determining, analyzing and responding to all the proposals made as a result of the socialization of the draft Preliminary Agreement. This Working Group must submit a report to the next meeting of the Political Consultations Mechanism.
...
318
Annex 24
Annex 24
319
320
Annex 24
Annex 24
321
322
Annex 24
As the meeting ended, the Delegations exchanged their congratulations on the work performed, the coordination and planning done by both teams and their excellent organization, and agreed to hold their next meeting in the city of Arica in November 2010.
At the close of the meeting, the Undersecretary of Foreign Affairs of Chile, acting on behalf of his Delegation, expressed his most sincere appreciation for the cordiality and courtesy extended by the Plurinational State of Bolivia’s Ministry of Foreign Affairs on the occasion of these meetings.
Done in La Paz, on the fourteenth of July 2010.
FOR BOLIVIA
(Signature)
Envoy Mónica Soriano López
Vice-Minister of Foreign Affairs
FOR CHILE
(Signature)
Envoy Fernando Schmidt Ariztía
Undersecretary of Foreign Affairs
Annex 24
323
324
Annex 24
C
hile-Bolvia Diplomatic Correspondence
(Annexes 25 - 39)
325
326
Annex 25
25.1 Letter from the National Director of Borders and Boundaries
of the State of Chile to the Chair of the National Commission
of Sovereignty and Boundaries of Bolivia, 8 October 1992
25.2 Letter from the Chair of the National Commission of
Sovereignty and Boundaries of Bolivia to the General Consul
of Chile in La Paz, 8 October 1992
(Originals in Spanish, English translations)
327
328
Annex 25.1
REPUBLIC OF CHILE
MINISTRY OF FOREIGN AFFAIRS
N° 1574
Santiago, 8 October 1992
To the Honourable Ambassador,
I have the honour of informing you and, through your dignified intermediate, the Illustrious Government of Bolivia, that the Government of Chile has decided to approve the agreements contained in the Minutes N° 38, which corresponds to the XIX Plenary Meeting of the Chile-Bolivia Mixed Boundary Commission held in the city of La Paz during 20-29 April of this year.
As you already know, the referred Agreements and Resolutions have as their legal framework the Regulations of Activities of the Mixed Commission, specifically N° 2 of Chapter I. With these agreements, we consider that the pending issues in the international demarcation of our Republics have been solved.
For the purposes of the official communication and consecration of the joint decisions, the Chilean Foreign Minister has granted me full powers, as established by the document enclosed to this Note.
On these pleasant and auspicious grounds, I reaffirm the Honourable Ambassador of my highest esteem.
(Signature)
To Mr.
Ambassador HERNANDO VELASCO TARRAGA
Chair of the National Commission of Sovereignty and Boundaries
Ministry of Foreign Affairs and Worship of Bolivia
Annex 25.1
329
330
Annex 25.1
ENRIQUE SILVA CIMMA
MINISTER OF FOREIGN AFFAIRS
I HEREBY GRANT FULL POWERS to Mr. National Director of Borders and Boundaries of the State, Ambassador Javier Illanes Fernández, so that he may in the name and in representation of the Government of the Republic of Chile, grant final approval to the Agreements and Resolutions adopted in the XIX Plenary Meeting of the Chile-Bolivia Mixed Boundary Commission.
IN WITNESS WHEREOF I have granted these Full Powers, signed by my hand and sealed with the Coat of Arms of the Republic.
GRANTED in Santiago, Chile, on the tenth day of April, nineteen hundred and ninety-two.
(Signature)
Annex 25.1
331
332
Annex 25.2
REPUBLIC OF BOLIVIA
Ministry of Foreign Affairs and Worship
La Paz, 8 October 1992
CNSL-135
To the Honourable General Consul
It is my honour to deliver to the General Consulate the enclosed Note, through which the Chair of the National Commission of Sovereignty and Boundaries of Bolivia informs the National Directorate of Borders and Boundaries of the State, on behalf of the Bolivian Government, that it has approved the Agreements of the XIX Plenary Meeting of the Bolivia-Chile Mixed Boundary Commission and the Minutes N° 38 thereof, held in the city of La Paz between 20-29 April of this year.
The approval we are informing about is supported by the Full Powers that the Minister of Foreign Affairs and Worship of my country has vested on me, as manifested by the original document that I enclose hereto.
While asking the Honourable General Consul to provide this information and document to the National Director of Borders and Boundaries of the State of Chile, Ambassador Javier Illanes Fernández, I take this opportunity to reaffirm the Honourable General Consul of my highest esteem.
(Signature)
Hernando Velasco T.
AMBASSADOR
President of the National Commission of Sovereignty and Boundaries
To the Honourable
Juan Martabit Scaff
GENERAL CONSUL OF CHILE
By hand
Annex 25.2
333
334
Annex 25.2
REPUBLIC OF BOLIVIA
Ministry of Foreign Affairs and Worship
La Paz, 24 September 1992
CNSL – 119/
To the Honourable Ambassador
I have the honour of informing you and, through your dignified intermediate, the Honourable Government of Chile, that the Government of Bolivia has decided to approve the agreements contained in Minutes N° 38, corresponding to the XIX Plenary Meeting of the Bolivia-Chile Mixed Boundary Commission held in the city of La Paz during 20-29 April of this year.
As you know, the referred Agreements and Resolutions have as their legal framework the Regulations of Activities of the Mixed Commission, specifically
N° 2 of Chapter I. With these agreements, we consider that the pending issues in the international demarcation of our Republics have been solved.
For the purposes of the official communication and dedication of the decisions jointly agreed upon, the Bolivian Minister of Foreign Affairs and Worship has granted me Full Powers, as established by the document enclosed to this Note.
On these pleasant and auspicious grounds, I reaffirm the Honourable Ambassador of my highest esteem.
(Signature)
Hernando Velasco Tarraga
AMBASSADOR
President of the National Commission of
Sovereignty and Boundaries
To the Honourable
Ambassador Javier Illanes Fernández
NATIONAL DIRECTOR OF BORDERS AND BOUNDARIES OF THE STATE
Santiago, Chile
Annex 25.2
335
336
Annex 25.2
MANFREDO KEMPFF SUAREZ
MINISTER OF FOREIGN AFFAIRS AND WORSHIP, a.i.
I hereby grant FULL POWERS in favour of the Honourable Ambassador Hernando Velasco Tárraga, Chair of the National Commission of Sovereignty and Boundaries so that – in the name and on behalf of the Government of Bolivia – proceeds to approve the Decisions and Resolutions adopted in the XIX Plenary Meeting of the Bolivia-Chile Mixed Boundary Commission.
GRANTED in the city of La Paz, on the twenty-fourth day of September, nineteen hundred and ninety-two.
(Signature)
Annex 25.2
337
338
Annex 26
Note N° 474/71 from the General Consulate of Chile in La Paz
to the Ministry of Foreign Affairs of Bolivia, 20 May 1999
(Original in Spanish, English translation)
339
340
Annex 26
(Letterhead: REPUBLIC OF CHILE, MINISTRY OF FOREIGN AFFAIRS, General Consulate of Chile in La Paz, Bolivia)
Nº 474/ 71
The General Consulate of Chile presents its compliments to the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia, and has the honour of communicating the position of the Ministry of Foreign Affairs of the Republic of Chile regarding the Silala River.
In this sense, the Chilean Ministry of Foreign Affairs has paid special attention to the debate that has been raised in the Honourable House of Deputies of the Republic of Bolivia, regarding the use of the Silala River.
In the cited debate, it has been possible to appreciate repeated erroneous conceptual references in connection with said water resource, made by some Members of Parliament and the Minister of Foreign Affairs and Worship of Bolivia himself, in statements made on 27 April 1999.
The concept of an international river having a successive course, which corresponds to the Silala, is supported by the geographical reality of the place, by numerous official Bolivian, Chilean and joint cartography, as well as by the descriptions made by high-level experts from both States. Therefore, the intended changes that might be adopted lack any effect.
Faced with this situation, the Chilean Ministry of Foreign Affairs feels the need to specify that the waters of the Silala River have their origin in Bolivia and flow to Chile, constituting a natural shared water resource and an international river of a successive course, the use of which is governed by International Law.
The General Consulate of Chile takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia of its highest esteem.
La Paz, 20 May 1999
(Mark and Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign Affairs and Worship of the Republic of Bolivia
La Paz
Annex 26
341
342
Annex 27
Note N° GMI-656/99 from the Ministry of Foreign Affairs
of Bolivia to the General Consulate of Chile in La Paz,
3 September 1999
(Original in Spanish, English translation)
343
344
Annex 27
(Letterhead on all pages: Republic of Bolivia, Ministry of Foreign Affairs and Worship; Cabinet of the Minister)
GMI-656/99
The Ministry of Foreign Affairs and Worship of Bolivia presents its compliments to the Honourable General Consulate of the Republic of Chile, and takes the opportunity to communicate the following criteria regarding the undue use that a private company has been making of the waters of the Silala for several decades.
The concession was granted in 1908 by the Prefecture of the Department of Potosí, according to the request formulated by the representative of the company The Antofagasta (Chili) and Bolivian Railway Limited;
During 91 years, without benefit for Bolivia, said Company used the spring waters of the Silala and continues to do so now, despite the annulment of the concession by the Prefecture on 14 May 1997, through a Resolution elevated later to the status of a Supreme Decree, and even though their representatives were repeatedly notified of the annulment.
It is worth emphasizing that said concession was granted by the Prefecture of the Department of Potosí to a private Company and not to the Chilean State. Hence, all actions undertaken to date, as well as those that the cited Company carried out, were in the private sphere and with full acknowledgement of the Bolivian jurisdiction.
To the Honourable
GENERAL CONSULATE OF CHILE
By hand
(Stamp:
Stamp:
General Consulate of Chile
La Paz, Bolivia
Date: 7 September 1999
Entry N° 569/58
Instructions: -
Annex 27
345
346
Annex 27
The spring waters of the Silala, which are entirely located in Bolivian territory, have their origin in water holes (ojos de agua) from which surface flow emerges. This creates wetlands, from where the waters are caught and conducted by means of artificial works, generating a system that lacks any characteristic of a river, let alone of an international river of a successive course.
Given the above, the Ministry of Foreign Affairs of the Republic expresses its surprise over the declarations of some persons from the Ministry of Foreign Affairs of Chile regarding this matter. Particularly, those recently made by the General Consul in La Paz, Mr. Adolfo Carafi, as well as those terms, that it does not accept, contained in the Note of said General Consulate No 474/71. These criteria are substantially different from the expressions used by the then Chilean Consul on 20 May 1997, in the sense that this issue is not a controversy between the Government of Bolivia and the Government of Chile, but rather between a Bolivian departmental authority and a private company.
Furthermore, it is worth reaffirming that the actions undertaken by the Bolivian State concerning the undue use of the aforementioned waters fall wholly, as appropriate, on the Company that received the concession in 1908. It would be incomprehensible for the Chilean State to want to attribute said responsibility to itself.
THE MINISTRY OF FOREIGN AFFAIRS AND WORSHIP takes this opportunity to extend its highest esteem to the Honourable General Consulate of Chile.
La Paz, 3 September 1999
(Stamp: Ministry of Foreign Affairs and Worship, Bolivia)
Annex 27
347
348
Annex 28
Note N° 017550 from the Ministry of Foreign Affairs
of Chile to the Ministry of Foreign Affairs of Bolivia,
15 September 1999
(Original in Spanish, English translation)
349
350
Annex 28
(Letterhead on all pages: Republic of Chile, Ministry of Foreign Affairs)
No 017550
The Chilean Minister of Foreign Affairs greets the Honourable Ministry of Foreign Affairs and Worship of Bolivia and refers to his Note No 656/99 of 3 September, addressed to the General Consulate of Chile in La Paz.
In said communication, the Honourable Bolivian Ministry of Foreign Affairs and Worship formulates some considerations in relation to the situation of the Silala River, which the Chilean Ministry of Foreign Affairs feels the need to respond and clarify.
The Chilean Ministry of Foreign Affairs can only disagree with the affirmation made by the Honourable Bolivian Ministry of Foreign Affairs and Worship, when the latter declared that the Silala constitutes a system “that lacks any characteristic of a river”.
There is ample geographic, historical, cartographic and juridical background information, Chilean, Bolivian and bilateral, that constitutes undeniable sources of evidence. Said data necessarily leads to the conclusion that it (the Silala) is precisely a river, given its characteristics, that is a shared water resource having a successive course to which the general principles of international law must be applied, and by virtue of which Bolivia has the nature of an “upstream country” and Chile, of a “downstream country”.
Comprehensive scientific, geographic and geomorphological studies demonstrate that the Silala River involves an exoreic hydrographic basin, the upstream headwaters of which are located in the territory of the Republic of Bolivia. Having a permanent natural runoff, its flow into Chilean territories, characterizes it (the Silala) as a binational river or a shared river.
The river runs in the boundary sector through a typical river valley carved out in volcanic rocks as well as in fluvial and fluvial-alluvial deposits, linked to the erosive effect of the riverbed preceding the present one.
Moreover, it should be noted that until now the Bolivian Government had never officially denied the fact that the Silala is a river that naturally responds to the definition that international law gives for that purpose.
To the Honourable
Ministry of Foreign Affairs and Worship
Republic of Bolivia
By hand
Annex 28
351
352
Annex 28
It is worth recalling that the map attached to the 1904 Treaty of Peace and Amity presents this geographical feature as “Silala River”.
Before 1908, some Bolivian demarcation delegates who worked in compliance with the “Convention for the Demarcation of the Boundary Line between Chile and Bolivia”, of 24 July 1905, ratified the existence of the Silala River. It is worth mentioning, among other, the reports from the Bolivian engineer Mr. Quintín Aramayo Ortiz, Section Chief of the Bolivian Boundary Demarcation Commission, who worked in the “Aramayo-Golborne” Commission.
Later, especially after the Mixed Chile-Bolivia Boundary Commission was established, by virtue of the Protocol on the Conservation of Boundary Markers signed in La Paz on 10 August 1942, there has been a permanent and consistent reaffirmation of the Silala being a river.
Among other elements, it is worth recalling that when mentioning the consultation documents that the Mixed Boundary Commission must use, Article 25 of its Regulations lists a series of geographic maps that, when referring to the corresponding sector, mention the Silala River.
The above is reinforced by the fact that in the files of the Mixed Boundary Commission there are two versions of the “Inacaliri” Sheet of the common official cartography, wherein the sector of the Silala River appears and that incontrovertibly identify said watercourse.
In that context, in recent years there are numerous references to the Silala River in various Minutes of the Mixed Boundary Commission. Moreover, the materialization of a Bolivian initiative directed at increasing the density of the markers in the sector of the “Silala River” is still pending.
This irrefutable geographical and juridical reality – the international character of the Silala River – was publically reiterated by a high-level authority of the Bolivian Ministry of Foreign Affairs, in declarations that were not denied and that appeared in the newspaper La Presencia of La Paz, on 31 May 1996. Similar statements from representatives of the Honourable Ministry of Foreign Affairs and Worship of Bolivia, as well as coinciding expressions of members of Parliament, local authorities and Bolivian academics acknowledge that the Silala is a river.
All the above fully coincides with the Official Communiqué from the Bolivian Ministry of Foreign Affairs and Worship, of 7 May 1996, wherein the first paragraph alludes verbatim to the “boundary Silala River”, adding the following:
“By the instructions of the Honourable Foreign Minister of the Republic, Dr. Antonio Araníbar Quiroga, the Chair of the National Commission on Sovereignty and Boundaries submitted a technical report on the international character of the cited river.
Annex 28
353
354
Annex 28
The Silala is a river that has its origin in a spring at the foot of the hill of the same name, in Bolivian territory, after which it crosses into Chilean territory. In other words, Bolivia owns the upstream course of this river and Chile owns the downstream course.”
This categorical official statement issued by the Bolivian Ministry of Foreign Affairs and Worship, preceded by technical opinions of their experts, leaves no doubt whatsoever as to the fact that it is a successive international course and, therefore, a shared water resource.
As to the statements of the then General Consul of Chile in La Paz issued to the Bolivian press, reproduced on 20 May 1997, supposedly quoted in the Note that is the object of this reply, it is worth noting that, unfortunately, it seems that they have been partially analyzed by the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia, without taking into account the full tenor and context in which they were formulated.
The former consular representative of Chile expressed at the time that two situations had been set forth: one among the authorities of Potosí and a private company, and another regarding the international nature of the Silala River. This can be verified, because on the same day several Bolivian newspapers contained abundant statements from the General Consul of Chile wherein he repeated that the Silala is an international river, which coincided with previous affirmations he had made, among other, those indicated in the Press Release of the General Consulate of Chile in La Paz dated 7 May 1996, fully in line with the official position that the Republic of Chile has always maintained on this matter.
Regarding the first part of your Note, it must be indicated that it is public knowledge that a concession was granted in 1908 by the Prefecture of the Department of Potosí in favor of the British company The Antofagasta (Chili) and Bolivian Railway Limited, a document that makes reference to the “Siloli River” (Silala) that flows to Chile. It is also public knowledge that, two years earlier in July 1906, the Chilean State had granted to the aforesaid company rights over the waters of the Siloli (Silala) River in the corresponding course.
The preceding simply confirms the undeniable nature of the Silala River being a shared water resource, which motivated the interested company in requesting the corresponding concessions from Chile and Bolivia, as to the part that each State may grant.
Given the above, the Chilean Ministry of Foreign Affairs – that cannot share the viewpoints contained in Note No 656/99- reaffirms the reservation of the rights of the Chilean State over said international watercourse, formulated in Note No 474/71, of the General Consulate of Chile in La Paz, on 20 May 1999.
Annex 28
355
356
Annex 28
At the same time, the Chilean Ministry believes it to be a proper time to invite the Honourable Ministry of Foreign Affairs and Worship of Bolivia to continue discussing the topic through a constructive bilateral dialog, based on an acknowledgement that it is a successive watercourse to which it is necessary to apply the principles recognized by the international community for the shared use of its waters.
In order for this dialog to be effective and fruitful it seems indispensable, that the call for tenders that the Superintendency of Water Resources of Bolivia is making in connection with the Silala River, should bear in mind the binational nature of this shared water resource and to include the rights of Chile in its capacity as sovereign over the downstream course. The Chilean Government is concerned about the excessively broad mandate issued to the aforesaid Superintendency to call for bids in the Supreme Decree No 25.500 of
30 August 1999, whose provisions were published in the Official Gazette of Bolivia
No 2.159 on 2 September of the present year. This Supreme Decree does not introduce concepts that allow for safeguarding the rights and interests of Chile, which must be considered in accordance with international law.
The Chilean Ministry of Foreign Affairs takes the opportunity to reaffirm the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia, of his highest esteem.
Santiago, 15 September 1999
(Mark and Stamp: Republic of Chile, Ministry of Foreign Affairs, Undersecretary)
DISTRIBUTION:
1.
General Consulate of Bolivia in Santiago
2.
Ministry of Foreign Affairs – ARCHIGRAL
3.
Ministry of Foreign Affairs – SUBSEC, info
4.
Ministry of Foreign Affairs – DIGEN, info
5.
Ministry of Foreign Affairs – CONGECHILE La Paz, info
6.
Ministry of Foreign Affairs – DIFROL, info
7.
Ministry of Foreign Affairs – DIRAMESUR, arch
Annex 28
357
358
Annex 29
Note N° GMI-815/99 from the Ministry of Foreign Affairs
of Bolivia to the Ministry of Foreign Affairs of Chile,
16 November 1999
(Original in Spanish, English translation)
359
360
Annex 29
(Letterheads on all pages: REPUBLIC OF BOLIVIA, MINISTRY OF FOREIGN AFFAIRS AND WORSHIP)
GMI - 815/99
THE MINISTRY OF FOREIGN AFFAIRS AND WORSHIP presents its compliments to the Honourable Ministry of Foreign Affairs of Chile and has the honour of referring to its Verbal Notes No 017550 and 1084/151, dated 15 September and 14 October 1999, respectively, issued in reply to the Verbal Note No 656/99 of 3 September of this year, from the Ministry of Foreign Affairs and Worship to the General Consulate of the Republic of Chile in La Paz.
In this matter, the Ministry of Foreign Affairs and Worship allows itself to assert that unfortunately it does not share the appreciations of the Honourable Ministry of Foreign Affairs of Chile that were set out in the referred Verbal Notes.
On the contrary, the Ministry is convinced that the spring waters of the Silala, granted by the 1908 concession, do not constitute a river, let alone a “binational river or shared waters”, as there is no system that integrates the flowing water, the river bed and the banks, in order to respond to one of the universally accepted definitions of “river”. There are no river banks because there is no natural flow of water that generates a river bed.
To the Honourable
MINISTRY OF FOREIGN AFFAIRS
Santiago, Chile
Stamp:
General Consulate of Chile
La Paz, Bolivia
Date: 16 November 1999
Entry N° 7/2/75
Instructions: -
Annex 29
361
362
Annex 29
It is a group of catchments and aqueducts, which retain waters that are formed in Bolivian territory and that would be consumed in that same territory, if it were not for the intake, transport and control works, made by the concessionaire company as a result of the mentioned concession, which resulted from a unilateral and sovereign act of the Bolivian authority indicated by law to exercise that competence.
Furthermore, the use of these waters have been regulated by the internal legislation of Bolivia and the issues and controversies that have arisen regarding said utilization, have been subject to the jurisdiction and competence of the Bolivian authorities -uninterruptedly and with full consent- without the Government of Chile formulating any formal statement or complaint, neither at the time of the granting of the concession nor in the following 91 years.
At a more recent date, the behavior of both Governments and of the company corroborates the understanding over the nature of the waters of the Silala, as well as the jurisdiction to which it is subject. The determinations by the Bolivian authorities (Prefecture Resolution of 14 May, Supreme Decree No 24660 of 20 June 1997), through which it is resolved to “reverse and annul the concession, and the resulting adjudication of waters of the springs of Silala”, confirm the original decision of acting within the scope of the Bolivian legislation. Accepting that the Government of Bolivia acted in exercise of a legitimate right, the Government of Chile made no objection or complaint whatsoever to the stipulations of the Bolivian authority.
In turn, on the basis of the same principle and after learning about the legal action taken by the Prefect of the Department of Potosí, the company Antofagasta (Chili) and Bolivian Railway C.P.L.P. initiated recourse for the annulment of said act, in accordance with Bolivian legislation and before national jurisdictional authorities. The exercise of said right,
Annex 29
363
364
Annex 29
provided for in the Bolivian legal system, is an eloquent and unequivocal demonstration of the fact that the company recognized that any matter related to the use of the waters of the Silala was subject to the domestic law and to the jurisdiction and competence of the Bolivian authorities.
Consequently, the Ministry of Foreign Affairs is firmly convinced that all the acts of law exercised by the Bolivian Government, with reference to the spring waters of the Silala do -in fact- adjust to the national legal system, in full exercise of the territorial sovereignty that is recognized by the rules and principles of International Law.
In the aforementioned notes that give rise to the present Note, the Ministry of Foreign Affairs of Chile adduces that the denomination “river” has been used in Bolivian, Chilean and joint cartographic material, as support for its claim. However, in the opinion of the Ministry of Foreign Affairs of Bolivia, the denominations used in such documents in no case can define or change the intrinsic nature of the geographic features included or mentioned therein. Given their character, sense and scopes, they could hardly modify or alter the nature of said geographical features, whose conceptual expression may only be defined by analysis and technical criteria that are appropriate to their own nature.
Similarly, it is not possible that manifestations or declarations used in the sphere of the Mixed Boundary Commission – of which there are no precise or uniform references – determine the nature of the geographical realities.
In this context, the formal position of the Bolivian Government regarding the nature of the Waters of Silala and of the jurisdiction under which they fall, has been established, without any doubt, in the concession document of 1908, in Prefectural Resolution and Supreme Decree that revoke and
Annex 29
365
366
Annex 29
annul the concession, among other acts in exercise of the jurisdiction over said resource. It is on the basis of these rights that the Superintendency of Water Resources has proceeded to call for Public Tender of the cited water resources.
Indeed, to those elements one must add the position consistently expressed in the formal correspondence maintained between the Ministries of Foreign Affairs of Bolivia and Chile. No communiqué or press release produces the legal effects and has the binding force of said actions.
The Verbal Note of the General Consulate of the Republic of Chile of 14 October of 1999 mentions by way of support expressions from the Terms and Conditions of the Public Tender, issued by the Superintendency of Water Resources of Bolivia. On this matter, the Ministry of Foreign Affairs and Worship deems pertinent to note that in said documents, the references to the existence of a watercourse having a flow, relates to water flows that are forced to flow through man-made “open channels” that consequently cannot be confused with “natural courses of water”. Nowhere is there a characterization of a “hydrographic basin” and, on the contrary, the concept of “hydrographic depression” is affirmed -that is: of an open or closed geographic depression, deep or shallow, big or small, which may or not be occupied by water. The Tendering document only shows a sketch of the concession area, at an approximate scale, merely referential in nature.
The Ministry notes with interest the invitation from the Honourable Ministry of Foreign Affairs of Chile to “begin handling the issue through a constructive bilateral dialog”. The attention paid to this initiative is based on the traditional vocation of cooperation and understanding that motivates the Government of Bolivia in all matters concerning bilateral relations, especially with neighboring countries.
Annex 29
367
368
Annex 29
However, the Ministry of Foreign Affairs and Worship of Bolivia understands that the specifications regarding the fact that the proposed dialog should be conducted “based on an acknowledgement that it is a successive watercourse” and that the tendering process of the Superintendency of Water Resources should “include the rights of Chile in its capacity of sovereign over the downstream course”, are not pertinent to opening such dialog, as they could be interpreted as an acceptance of the points maintained by the Ministry of Foreign Affairs of Chile, which contradict the principles that the Government of Bolivia supports and maintains.
THE MINISTRY OF FOREIGN AFFAIRS AND WORSHIP takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs of Chile of its highest esteem.
La Paz, 16 November 1999
(Stamp: Ministry of Foreign Affairs and Worship, Bolivia)
Annex 29
369
370
Annex 30
30.1 Note N° 1084/151 from the General Consulate of Chile
in La Paz to the Ministry of Foreign Affairs of Bolivia,
14 October 1999
30.2 Note N° 022314 from the Ministry of Foreign Affairs of
Chile to the Ministry of Foreign Affairs of Bolivia,
3 December 1999
(Originals in Spanish, English translations)
371
372
Annex 30.1
(Letterheads on all pages: Republic of Chile, Ministry of Foreign Affairs, General Consulate of Chile, La Paz, Bolivia)
No 1084/151
The General Consulate of Chile presents its compliments to the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia and has the duty of referring to the following notes, related to the situation regarding the waters of the Silala River:
a)
Note No 474/41, of 20 May 1999, from the General Consulate of Chile in La Paz to the Honourable Ministry of Foreign Affairs and Worship of Bolivia.
b)
Note No 656/99, of 3 September 1999, from the Honourable Ministry of Foreign Affairs and Worship of Bolivia to the General Consulate of Chile in La Paz; and
c)
Note No 017550, of 15 September 1999, from the Chilean Ministry of Foreign Affairs, addressed to the Honourable Ministry of Foreign Affairs and Worship of Bolivia
The Chilean Government has learned that the Superintendency of Water Resources of Bolivia continues to carry out a public tendering process over the waters of the Silala River, disregarding the clear principles of international law that safeguard the legitimate rights and interests of the Republic of Chile over said water resource.
As set out in the notes mentioned in letters a) and c) of the present Note, various documents serve as the basis to maintain on legal, geographical and cartographical terms, that the Silala River is a shared water resource whose upstream course originates in Bolivia and then flows into Chilean territory, forming part of the Loa River basin.
The Chilean Government, together with making formal reservations of its rights over said river, has invited the Bolivian Government to promptly begin handling the issue through a constructive bilateral dialog that takes into account the binational character of said resource, and protects the rights resulting from said character.
To the Honourable
Ministry of Foreign Affairs and Worship
La Paz
Annex 30.1
373
374
Annex 30.1
It should be noted that the document containing the call to tender, called “National Public Tender. First Call. SSA 01/99. CONCESSION OF USE AND EXPLOITATION OF THE WATERS OF THE SILALA SPRINGS”, includes references that confirm the formulations that the Chilean Government has made on this matter. Among other aspects, in principle, attention should be drawn to the following:
Various parts of the Terms and Conditions of Tender, affirm the existence of a watercourse, having a “flow” that is identified, which necessarily runs along its upper, middle and lower sectors, obeying the laws of nature.
When defining the Silala basin, in Annex No 3, it is said that “in Bolivian territory” it is delimited, among others, by “… the line between the boundary markers LXXIII and LXXIV”. Consequently, the existence of a sector of this hydrological basin in Chilean territory is very clear, since it would be impossible to maintain that a natural geographical feature ends in a political boundary; which in this sector is a straight line and not a watershed. Additionally, the “concession area” is represented in said tendering document by a map with a scale of about 1:100.000, wherein the Chile – Bolivia international boundary is not drawn correctly.
Pursuant to all the above, the General Consulate of Chile has the duty to reiterate once again, the formal reservation of Chile’s rights over the Silala River and its waters, so that the bidding process and the decisions that may be adopted in that context cannot be invoked within the Chilean legal system.
Furthermore, with the aim of adopting the most appropriate means for solving this matter, the Chilean General Consulate once again invites the Honourable Ministry of Foreign Affairs and Worship of Bolivia to begin, as soon as possible, a frank and in-depth bilateral dialog on the issue, in the belief that there will be positive results from the efforts leading to an agreed cooperation scheme and an equitable understanding, based on a necessary acknowledgement of the rights that correspond to Chile and Bolivia in connection with this resource.
The Chilean Ministry of Foreign Affairs takes the opportunity to reaffirm the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia, of his highest esteem.
La Paz, 14 October 1999
To the Honourable
Ministry of Foreign Affairs and Worship
Annex 30.1
375
376
Annex 30.2
Letterheads on all pages: Republic of Chile, Ministry of Foreign Affairs
No 022314
The Ministry of Foreign Affairs of the Republic of Chile presents its compliments to the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia and has the duty of referring to the following notes, related to the situation regarding the waters of the Silala (Siloli) River:
a)
Note No 474/71, of 20 May 1999, from the General Consulate of Chile in La Paz to the Honourable Ministry of Foreign Affairs and Worship of Bolivia;
b)
Note No 656/99, of 3 September 1999, from the Honourable Ministry of Foreign Affairs and Worship of Bolivia to the General Consulate of Chile in La Paz;
c)
Note No 017550, of 15 September 1999, from the Chilean Ministry of Foreign Affairs, addressed to the Honourable Ministry of Foreign Affairs and Worship of Bolivia;
d)
Note No 1084/151, of 14 October from the General Consulate of Chile in La Paz, addressed to the Honourable Ministry of Foreign Affairs and Worship of Bolivia; and
e)
Note No 815/99, of 16 November from the Bolivian Ministry of Foreign Affairs and Worship, addressed to the Chilean Ministry of Foreign Affairs.
In the notes mentioned in paragraphs a), c) and d), the Government of Chile expressed its points of view on the geographical, geological, hydrological, historical, juridical and cartographic realities that demonstrate that the Silala River is a shared water resource that has its origin in Bolivia and then, in Chilean territory, joins the basin of the Loa River.
At the same time, the Chilean Government, together with making formal reservations of its rights over part of the waters of said river, invited the Government of the Republic of Bolivia to continue dealing with the issue through a constructive bilateral dialog that considers the binational character of said resource, the rights of the Republic of Bolivia and the rights of the Republic of Chile, as the sovereign over the downstream course of said river.
TO THE HONOURABLE
MINISTRY OF FOREIGN AFFAIRS AND WORSHIP
OF THE REPUBLIC OF BOLIVIA
LA PAZ
Annex 30.2
377
378
Annex 30.2
The Government of Chile, based on the reasons put forward through its successive notes, has stated the inappropriateness of the National Public Tender of the entirety of the waters of the Silala River. The Tender, called for by the Superintendency of Water Resources of Bolivia, disregards clear principles of international law. At the same time, the Chilean Government has emphasized that in the document containing the Invitation to Tender, there are elements that contradict Bolivian recent declarations and reaffirm the value of the statements formulated by the Chilean Government regarding the nature of the waters of the Silala (Siloli) River as a shared water-resource.
Prior to this necessary specification, the Chilean Ministry of Foreign Affairs wishes to make preliminary comments about some of the affirmations and opinions that appear in the Note of 16 November from the Honourable Ministry of Foreign Affairs and Worship of Bolivia.
In this respect, the following should be stated:
a)
The Government of the Republic of Chile cannot share the opinions expressed by the Ministry of Foreign Affairs and Worship in paragraphs three and four of its Note, as they are based on a denial of the Silala’s condition as an international river, with no grounds whatsoever.
b)
Furthermore, the Bolivian Government maintains that the Government of Chile would have let ninety one years go by without objecting the concession of 1908 and that there would therefore be an acceptance of the alleged exclusive rights of Bolivia. The Note of November 16 abstains from acknowledging that two years before that concession had been agreed upon, there already was a Chilean concession on said successive international course. Chile could not object to anything because there were two parallel concessions and each one concerned the rights pertaining to each country over said waters.
On this matter, it should be pointed out along those same lines, that Bolivia has let ninety three years go by without objecting to the Chilean Concession.
c)
Moreover, the Bolivian Concession of 1908 expressly acknowledged the Silala as a river when talking about the “concession of the use of the waters of the Siloli River”. There could not have been Chilean objection during all those years, if we consider that until April 1999 the Bolivian Government had never denied the existence of the Silala River and, therefore, the issues that have forced Chile to address the aforementioned Notes to Bolivia, had not been raised.
d)
The Note goes on to state that the Chilean, Bolivian or joint cartography, surveyed and mapped for almost a century lacks value and that the “denominations used in such documents in no case can define or change the intrinsic nature of the geographical features”. Chile cannot accept this approach, which contradicts the official Bolivian cartography
Annex 30.2
379
380
Annex 30.2
and that lacks any legal basis. It is worth recalling that when the Regulations of the Mixed Boundary Commission were approved, both Governments in Article 25 thereof, adopted by mutual agreement a list of geographical charts by way of “consultation documents”; the Silala River appears on most of those maps. It could hardly be maintained that said consultation documents for the work of the Mixed Commission have no value.
e)
Further on, the Note in question indicates that “it is not possible that manifestations or declarations used in the sphere of the Mixed Boundary Commission - of which there are no precise or uniform references - determine the nature of the geographical realities.” The Chilean Ministry of Foreign Affairs does not accept this interpretation. What is true and fair is that the only representatives of both Governments, who have jointly journeyed the shared boundary during more than ninety years, are the members of the Mixed Boundary Commission. Who, continuing the task of the demarcation delegates from the beginning of the century and have offered a direct and unobjectionable testimony of this geographical feature.
The representatives of both countries in the Mixed Commission have carefully surveyed and mapped the cartography envisaged in their regulations and technical rules. Their references to the Silala River are absolutely precise and uniform. Within the Mixed Boundary Commission it has never been denied that the Silala is a river. Besides the countless quotes that can be found in documents of the Mixed Commission, one must add the irrefutable proof that emanates from the Annexes No 34 and 34-A, of the Minutes No 38 of the Mixed Boundary Commission, of
28 April 1992, signed on behalf of Bolivia by the former Chairpersons of the Bolivian National Commission of Sovereignty and Boundaries, Messrs. Oscar Wilde and Hernando Velasco, respectively.
f)
In another part of the Note being replied to, it is set out that “no press statement or release produces the legal effects and has binding force” that the Chilean Ministry of Foreign Affairs attributes to the Official Communiqué from the Ministry of Foreign Affairs and Worship of Bolivia dated 7 May 1996.
One may ask what other legal value may be given to the clear tenor of the alluded document, which literally states:
“The Silala is a river that has its origin in a spring that emerges at the foot of the hill of the same name in Bolivian territory and later crosses into Chilean territory. In other words, Bolivia is the owner of the upstream course and Chile is the owner of the downstream course”.
It is surprising to observe such a radical change in the public and official positions of said Ministry of Foreign Affairs and Worship, especially when - as is indicated in Note No 017550 of 15 September of the present year from the Chilean Ministry of Foreign Affairs - the map appended to the Treaty of Peace and Amity of 1904 irrefutably shows that geographic feature as “Silala River”.
Annex 30.2
381
382
Annex 30.2
Based on what has been stated, the Government of Chile deems that when analyzing the issue of the Silala River, it is necessary to consider the geographical, geological and hydrological aspects as well as those of a historical, legal and diplomatic nature. For this reason, the Chilean Government cannot share the opinion of the Honourable Ministry of Foreign Affairs and Worship of Bolivia in the sense that one may selectively leave aside most of those aspects, as suggested by paragraph nine of the protested Note.
In short, the Chilean Government upholds in all its parts the statements and reservations it has formulated in its Notes of 20 May, 15 September and
14 October. However, it firmly wishes to facilitate the possibility that both countries may initiate, with the utmost frankness and good disposition, conversations that allow bridging the differences in the positions of both parties.
To contribute to a constructive dialog on this matter, it would be very useful for the current National Public Tender called for by the Superintendency of Water Resources of Bolivia to be suspended. The Chilean Government is concerned by the fact that said Tender continues, and contains elements that are incompatible with the international practices. Chile feels duty-bound to manifest that the results thereof cannot under any concept be recognized, as these affect the rights and interests of Chile.
The Ministry of Foreign Affairs of the Republic of Chile takes the opportunity to reaffirm the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia, of its highest esteem.
Santiago, 3 December 1999
(signature)
Annex 30.2
383
384
Annex 31
Note N° 006738 from the Ministry of Foreign Affairs of Chile
to the Ministry of Foreign Affairs of Bolivia, 27 April 2000
(Original in Spanish, English translation)
385
386
Annex 31
(Letterhead on all pages: Republic of Chile, Ministry of Foreign Affairs)
No 006738
The Ministry of Foreign Affairs of the Republic of Chile presents its compliments to the Ministry of Foreign Affairs and Worship of the Republic of Bolivia. In reference to the adjudication contract of the waters of the Silala River signed on 25 April, between the Superintendency of Basic Sanitation of the Republic of Bolivia (former Superintendency of Water Resources) and the Bolivian company DUCTEC SRL, the Chilean Ministry affirms the following:
•
Through its Notes No 474/71, of 20 May 1999; No 017550 of 15 September 1999;
No 1084/151 of 14 October 1999; and No 022314 of 3 December 1999, the Government of Chile has repeatedly stated its position regarding the Silala River. Further, it has formalized before the Bolivian Government, its objections of fact and law, as well as expressing its reservations on its position and on the national public tender that is being conducted over the waters of the Silala River, which constitutes a shared international water resource.
•
The adjudication and signing of this water concession contract violates the rights that the Republic of Chile has over the Silala River. Therefore the aforementioned contract of concession lacks any effect, inasmuch the actions intended to be carried out by virtue of said contract, would be in disregard of the rights that correspond to our country.
•
We reaffirm the invitation made to the Bolivian Government, expressed in our Notes, to begin as soon as possible a frank and in-depth bilateral dialog that allows agreeing on a cooperation scheme and equitable use in the sincere interest of reaching an understanding about this shared water resource.
The Ministry of Foreign Affairs of the Republic of Chile takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs and Worship of the Republic of Bolivia of its highest esteem.
Santiago, 27 April 2000
To the Honourable
Ministry of Foreign Affairs and Worship
Republic of Bolivia
La Paz
DISTRIBUTION:
1.
MINREL BOLIVIA
2.
RR.EE. (ARCHIGRAL)
3.
CONGECHILE LA PAZ, INFO
4.
RR.EE. (DIGEN), INFO
5.
RR.EE. (DIFROL), INFO
6.
RR.EE. (DIRAMERICA-SUR), ARCHIVE
Annex 31
387
388
Annex 32
32.1 Note N° 74 from the Ministry of Foreign Affairs of Chile
to the General Consulate of Bolivia in Santiago,
19 December 2000
32.2 Note N° CGB/19/2001 from the General Consulate of Bolivia
in Santiago to the Ministry of Foreign Affairs of Chile,
17 January 2001
32.3 Note N° CGB/48/2001 from the General Consulate of Bolivia
in Santiago to the Ministry of Foreign Affairs of Chile,
9 February 2001
32.4 Profile Silala River (undated, prepared by Chile in 2001)
(Originals in Spanish, English translations)
389
390
Annex 32.1
REPUBLIC OF CHILE
MINISTRY OF FOREIGN AFFAIRS
NATIONAL DIRECTORATE OF BORDERS AND BOUNDARIES OF THE STATE
N° 74
The Ministry of Foreign Affairs - National Directorate of Borders and Boundaries of the State -, extends its greetings to the Honourable General Consulate of Bolivia in Santiago, and sees fit to refer to the issue regarding the measurements carried out with G.P.S in the area of the Silala River.
In this regard, and answering to the request contained in Note CGB/557/2000 dated 12 December 2000, it is with pleasure that we enclose a spread sheet with the adjusted coordinates; referring both to Datum W.G.S 84 and PSAD-56, for which a Canadian software with the name “Graf Net” was utilized. Furthermore, in the field work methodology, a CAP (Central Andes Pacific) point system was employed, and three Boundary Markers - erected by the Chile-Bolivia Mixed Boundary Commission - were measured. Also, a master point was measured, as is specified in the spread sheet enclosed to this note.
In the present circumstances, the remittance of the file containing the measurements carried out by Bolivian technicians on 27 October 2000 is hereby requested, for purposes of its reciprocal processing and analysis by the Chilean technicians.
The Ministry of Foreign Affairs - National Directorate of Borders and Boundaries of the State - takes this opportunity to reassure the Honourable Consulate General of Bolivia in Santiago, of its highest esteem.
Santiago, 19 December 2000.
(Stamp) (Signature)
To the Honourable
General Consulate of Bolivia in Santiago
BY HAND
DISTRIBUTION:
1.
Honourable General Consulate of Bolivia in Santiago
2.
Congechile La Paz
3.
Diramerica Sur
4.
Dirlim-Comlim
5.
Dirfrom
6.
Of. Partes, Difrol
Annex 32.1
391
392
Annex 32.1
DATUM WGS84
DATUM PSAD56
Point
GEOGRAPHICAL
Ellipsoidal HEIGHT
UNDULATION
GEOGRAPHICAL
UTM PLANE
HEIGHT
LATITUDE
LONGITUDE
LATITUDE
LONGITUDE
N
E
...
* = Boundary marker coordinates in Datum PSAD-56 approved by the
Chile-Boliva Mixed Commission of Boundaries
Annex 32.1
393
394
Annex 32.2
GENERAL CONSULATE OF BOLIVIA
Santiago-Chile
CGB/19/2001
The General Consulate of Bolivia extends its greetings to the Honourable Ministry of Foreign Affairs of Chile - National Directorate of Borders and Boundaries of the State - and has the honour to send enclosed to this note, the chart of coordinates of the measurement areas carried out in the Chilean section of the Silala by the Bolivian Technical Commission.
The technical teams of both States exchanged on the field the corresponding information contained on diskettes. Considering that in La Paz it was not possible to process the information, the Chilean diskette was replaced with a CD-Rom it could also not be read. The situation was finally solved on 19 December 2000 with the sending of a spread sheet containing the adjusted coordinates.
The information on the Chilean section of the boundary was contained mostly on the diskette provided by the Bolivian delegation when the diskette-exchange took place in the field. However, the enclosed chart contains the complete information regarding the points measured in the area.
The General Consulate of Bolivia takes this opportunity to reassure the Honourable Ministry of Foreign Affairs - National Directorate of Borders and Boundaries of the State - of its highest esteem.
Santiago, 17 January 2001
(Stamp: General Consulate of Bolivia)
(Signature)
To the Honourable
Ministry of Foreign Affairs
By hand
Annex 32.2
395
396
Annex 32.2
Boundary marker LXXIII
Intersection Silala-Inacaliri
Pto. 1 Qda (ravine) Inacaliri
Pto. 2 Qda Inacaliri
Pto. 1 Qda Negra
Pto. 2 Qda Negra
Pto. 3 Qda Negra
Pto. 4 Qda Negra
Pto. 6 Qda Negra
Pto. 1 Qda Queñuagual
Pto. 2 Qda Queñuagual
DUCTEC sign (at the
International Boundary)
Corner FCAB Camp
Weir-measurement
Intersection Qda. Negra-Silala-Road
Marking Pole
Spring Silala 1
Spring Silala 21
Spring Inacaliri 3
Note. The orthometric coordinates and the heights are referenced to the values of Boundary
Marker LXXIII.
The orthometric heights with regards to Boundary Marker LXXIII have a precision of 0.20m
(Chilean side)
International
Annex 32.2
397
398
Annex 32.3
GENERAL CONSULATE OF BOLIVIA
Santiago-Chile
CGB/48/2001
The General Consulate of Bolivia extends its greetings to the Honourable Ministry of Foreign Affairs of Chile - National Directorate of Borders and Boundaries of the State - and sees fit to refer to its Note N° 05 of 26 January 2001, by which it requests the archives and records regarding the measurements carried out by the Bolivian Technical Commission in the Chilean section of the waters of the Silala springs, to be presented on a CD-ROM.
After consultations with the Bolivian technicians that participated in the field works that took place in October 2000, they insisted on having arranged with their Chilean counterpart to exchange the plane and geographic coordinates of their measurement points. Further, that there was no commitment to exchange the records used to obtain the final charts. Therefore, once the final charts had been elaborated, the material used in the intermediate stages was discarded.
For the aforementioned reasons, and given the impossibility to present a CD-ROM with the requested information, this Consular Mission hereby sends the adjusted charts of both coordinates, resting assure that with such data the Chilean requirement will be satisfied.
The General consulate of Bolivia takes this opportunity to reassure the Honourable Ministry of Foreign Affairs - National Directorate of Borders and Boundaries of the State - of its highest esteem.
Santiago, 9 February 2001
(Stamp: General Consulate of Bolivia)
(Signature)
To the Honourable
Ministry of Foreign Affairs
By hand
Annex 32.3
399
400
Annex 32.3
Boundary marker LXXIII
Intersection Silala-Inacaliri
Pto. 1 Qda (ravine) Inacaliri
Pto. 2 Qda Inacaliri
Pto. 1 Qda Negra
Pto. 2 Qda Negra
Pto. 3 Qda Negra
Pto. 4 Qda Negra
Pto. 6 Qda Negra
Pto. 1 Qda Queñuagual
Pto. 2 Qda Queñuagual
DUCTEC sign (at the
International Boundary)
Corner FCAB Camp
Weir-measurement
Intersection Qda. Negra-Silala-Road
Marking Pole
Spring Silala 1
Spring Silala 21
Spring Inacaliri 3
Note. The orthometric coordinates and the heights are referenced to the values of Boundary
Marker LXXIII.
The orthometric heights with regards to Boundary Marker LXXIII have a precision of 0.20m
BOLIVIAN TECHNICAL COMMISSION
“SILALA”
Annex 32.3
401
402
Annex 32.3
Boundary marker LXXIII
Intersection Silala-Inacaliri
Pto. 1 Qda (ravine) Inacaliri
Pto. 2 Qda Inacaliri
Pto. 1 Qda Negra
Pto. 2 Qda Negra
Pto. 3 Qda Negra
Pto. 4 Qda Negra
Pto. 6 Qda Negra
Pto. 1 Qda Queñuagual
Pto. 2 Qda Queñuagual
DUCTEC sign (at the
International Boundary)
Corner FCAB Camp
Weir-measurement
Intersection Qda. Negra-Silala-Road
Marking Pole
Spring Silala 1
Spring Silala 21
Spring Inacaliri 3
Note. The orthometric coordinates and the heights are referenced to the values of Boundary
Marker LXXIII.
The orthometric heights with regards to Boundary Marker LXXIII have a precision of 0.20m
BOLIVIAN TECHNICAL COMMISSION
“SILALA”
(Chilean side)
International
Annex 32.3
403
404
Annex 32
Annex 32.4
405
406
Annex 33
33.1 Note N° 973/224 from the General Consulate of Chile
in La Paz to the Ministry of Foreign Affairs of Bolivia,
16 November 2001
33.2 Note N° VREC-185/2001-0020 from the Ministry of
Foreign Affairs of Bolivia to the General Consul of
Chile in La Paz, 4 January 2002
33.3 Note N° 019/05 from the General Consulate of Chile
in La Paz to the Ministry of Foreign Affairs of Bolivia,
18 January 2002
(Originals in Spanish, English translations)
407
408
Annex 33.1
REPUBLIC OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 973/224
The General Consulate of Chile extends its greetings to the Honourable Ministry of Foreign Affairs and Worship, and refers to its Note VREC-156/2001/12269 of last 9 November, in connection with the aerial photogrammetric flight made by the National Aerial Photogrammetry Service of Bolivia, over the territory of both countries in the border area of the Silala River. The referred flight took place on
15 November of this year [Sic], with the participation of two Chilean observers.
Considering that the aforementioned flight will generate certain products that must be handed over to the Chilean observers in order to plan the joint support in the field, as well as to make the subsequent cartography for each country, we hereby enclosed a proposed Certificate of Delivery. If this document has the approval of the Honourable Ministry, the activity of the aerial photogrammetric flight will thereby be concluded and shall thus allow moving on to the next phase of ground support.
The General Consulate of Chile takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs and Worship of its highest esteem.
La Paz, 16 November 2001
(Signature)
To the Honourable
Ministry of Foreign affairs and Worship
By hand
Annex 33.1
409
410
Annex 33.2
REPUBLIC OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS
AND WORSHIP
Classification: Ordinary
VREC-185/2001-(0020)
The MINISTRY OF FOREIGN AFFAIRS AND WORSHIP extends its greetings to the HONOURABLE GENERAL CONSULATE OF CHILE, and sees fit to respond to its Note N° 1022/231 in connection with a joint field campaign in support of the aerial photogrammetric flight made in the border area of the Silala springs, through the constitution of a Mixed Technical Commission.
On that matter and as was timely communicated, the date proposed by the Honourable General Consulate was not convenient for executing said task. Which can be carried out no sooner than at the end of February 2002, after the end of the rainy season in the region.
The MINISTRY OF FOREIGN AFFAIRS AND WORSHIP takes this opportunity to reaffirm the Honourable General Consulate of Chile of its highest esteem.
La Paz, 20 December 2001
(Stamp: 4 January 2002)
(Signature)
To the Honourable
GENERAL CONSULATE OF CHILE
By hand
Stamp:
General Consulate of Chile
La Paz, Bolivia
Date: 8 January 2002
Entry N° 001/01
Instructions: -
Annex 33.2
411
412
Annex 33.3
REPUBLIC OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 019/05
The General Consulate of Chile extends its greetings to the Honourable Ministry of Foreign Affairs and Worship, and has the honour of acknowledging receipt of Note VREC-185/2001-0020, in connection with the joint ground support that must be carried out as a complement to the aerial photogrammetric flight that took place on last 15 November in the area of the Silala River.
In this respect, it should be pointed out that the Mixed Technical Commission can be constituted as soon as there is an understanding on the end of the unfavourable weather conditions that occur during the highlands’ winter. If it were not possible at the end of next February as proposed we are confident that this task may be done on a date from March onwards, once it is determined that the conditions are such that they allow ensuring with more certainty that the geodesic equipment shall not experience alterations due to unexpected thunderstorms. We would welcome any information that the Bolivian party could provide. As to the tasks to be fulfilled by the Mixed Technical Commission, these would be analogous to those indicated in Note N° 1022/231 of the General Consulate of Chile and its annex.
The General Consulate of Chile takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs and Worship of its highest esteem.
La Paz, 18 January 2002
(Signature)
(Stamp: General Consulate of Chile, La Paz)
(Stamp: Ministry of Foreign Affairs;
Received on 18 January 2002)
To the Honourable
Ministry of Foreign affairs and Worship
By hand
Annex 33.3
413
414
Annex 34
Note N° 199/39 from the General Consulate of Chile in La Paz
to the Ministry of Foreign Affairs of Bolivia, 7 May 2012
(Original in Spanish, English translation)
415
416
Annex 34
(Letterhead on all pages: Government of Chile, Ministry of Foreign Affairs, General Consulate of Chile, La Paz, Bolivia)
(Stamp: Ministry of Foreign Affairs, Correspondence)
No 199/39
7 May 2012
The General Consulate of the Republic of Chile presents its compliments to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia – General Directorate of Consular Affairs- and refers to the information disseminated in the press about a recent announcement made by the Governor of Potosí, Mr. Félix González, about the construction in the near future of a fish farm in the Bolivian part of the Silala River basin.
The referred initiative would be recorded in an agreement subscribed on 1 April of last year (2011) between the Department of Potosí and the Armed Forces. It would be the first of three projects that would be built in this area, which would also include the construction of a dam and a mineral water bottling plant by 2013.
The Chilean Government observes attentively the various initiatives that are being planned in connection with this water resource in Bolivia, and that could be consistent with Bolivia’s legitimate rights to use this resource, upstream from the boundary, in accordance with international law.
In this sense, the best willingness to collaborate with the Bolivian initiatives designed to avoid any impairment to the Silala River in Chilean territory is reaffirmed. Also, recalling the legitimate rights that Chile has as sovereign over the downstream course of the river, in conformity with international law.
Annex 34
417
418
Annex 34
In this context, the Government of Chile wishes to express it is very interested in receiving timely information of the projects prior to their concretization, so as to assess the scope and potential adverse effects they might have downstream from the shared boundary and if these projects show due consideration to Chile’s rights as a riparian State. Consequently, the Government of Chile will look forward to the useful and timely information that the Bolivian authorities provide in order to evaluate these projects and initiatives and prevent any impairment to the Silala River in Chilean territory.
In view of the above, the Government of Chile extends a cordial invitation to continue developing studies, field observations and joint works related to this shared water resource, and looks forward to the previously requested information.
The General Consulate of Chile takes this opportunity to salute the Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Consular Affairs - and reaffirm its highest esteem.
La Paz, 7 May 2012
(Mark and Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign Affairs of the Plurinational State of Bolivia
General Directorate of Consular Affairs
By hand
Annex 34
419
420
Annex 35
Note N° 389/149 from the General Consulate of Chile in La Paz
to the Ministry of Foreign Affairs of Bolivia, 9 October 2012
(Original in Spanish, English translation)
421
422
Annex 35
(Letterhead on all pages: Government of Chile, Ministry of Foreign Affairs, General Consulate of Chile, La Paz, Bolivia)
No 389/149
The General Consulate of the Republic of Chile in La Paz presents its compliments to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Bilateral Relations - and refers to the information recently disseminated in the Bolivian press, asserting that the Governor of Potosí has decided to advance in the construction project of a fish farm in the Bolivian part of the Silala River basin.
Through Note No 199/39 of 7 May 2012, this General Consulate requested said Ministry of Foreign Affairs to provide all the pertinent information on this project and others that were planned to be carried out, prior to their realization, in view of the legitimate rights that the Republic of Chile has as sovereign State over the downstream course of the Silala River, in accordance with international law.
Given that such information has not been provided by the Bolivian authorities, the Chilean General Consulate finds itself under the obligation to reiterate the need of having useful information at the appropriate time; so as to duly evaluate it and analyze the potential detrimental or other effects that might affect this shared water resource, especially the environmental effects that could affect the waters and contaminate them.
It is also appropriate to refer to the invitation extended in your Note VRE-DGRB-UAM 009901-2012 of 24 May 2012, regarding a future visit to carry out field observations and schedule joint works. In reply, the Government of Chile wishes to concretize this activity as soon as possible, hoping to agree on the dates through this General Consulate, as well as to who would be part of the delegations and their mandate.
Annex 35
423
424
Annex 35
The General Consulate of the Republic of Chile in La Paz takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Bilateral Relations - of its highest esteem.
La Paz, 9 October 2012
(Mark and Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign Affairs of the Plurinational State of Bolivia
General Directorate of Bilateral Relations
By hand
Annex 35
425
426
Annex 36
Note N° VRE-DGRB-UAM-020663/2012 from the Ministry
of Foreign Affairs of Bolivia to the General Consulate of Chile
in La Paz, 25 October 2012
(Original in Spanish, English translation)
427
428
Annex 36
(Letterhead on all pages: Plurinational State of Bolivia, Ministry of Foreign Affairs)
VRE-DGRB-UAM-020663/2012
THE MINISTRY OF FOREIGN AFFAIRS - General Directorate of Consular Affairs presents its compliments to the Honourable General Consulate of the Republic of Chile and sees fit to comment in relation to your Verbal Note No 389/149, referring to the projects that would be executed at the source of the Silala springs in Bolivian territory.
In this respect, the Ministry of Foreign Affairs reiterates again, firmly, that the waters of the Silala are headwaters or natural springs of groundwaters that originate and come from an aquifer or underground deposit of geological formations that rise up as springs in Bolivian territory. Further, they do not generate a riverbed, or a natural course, or a system that integrates the water to a riverbed of the banks, to form a river having a successive course. Moreover, the present runoff is the result of the man-made canalization and artificial drains by virtue of a concession to the use of waters granted by the Prefecture of Potosi to the company Bolivian Railway Company in the year 1908, as stated in the Note VRE-DGRB-UAM-009901/2012, of 24 May 2012.
Along these lines, the Ministry of Foreign Affairs reaffirms the full right of the Plurinational State of Bolivia over the use and exploitation of such resources. Therefore the decision regarding the use of its waters in aquifer exploitation projects is an expression of the exercise of its full sovereignty.
With respect to the invitation of 13 September 2001, made by the Government of the Plurinational State of Bolivia to carry out a “Joint Visit” to said region, the Ministry of Foreign Affairs deems that it should be coordinated and planned within the “Chile-Bolivia Political Consultations Mechanism”, wherein this matter can be jointly pursued.
(Mark and Stamp: Ministry of Foreign Affairs; Vice-ministry of Foreign Affairs)
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
(Footer on all pages: 2012, Year of Non Violence against Children and Adolescents in the Plurinational State of Bolivia)
Annex 36
429
430
Annex 36
To this end, the Ministry of Foreign Affairs suggests calling for the bilateral mechanism, as a way of resuming the dialog and the “13 Point Agenda” that was agreed between our countries.
THE MINISTRY OF FOREIGN AFFAIRS - General Directorate of Consular Affairs - takes this opportunity to reaffirm the Honourable General Consulate of the Republic of Chile of its highest esteem.
La Paz, 25 October 2012
Annex 36
431
432
Annex 37
37.1 Note N° 586/206 from the General Consulate of
Chile in La Paz to the Ministry of Foreign Affairs of Bolivia,
21 December 2012
37.2 Note N° VRE-DGLF-UMA-000715/2013 from
the Ministry of Foreign Affairs of Bolivia to the General
Consulate of Chile in La Paz, 17 January 2013
37.3 Note N° 003933 from the Ministry of Foreign Affairs
of Chile to the General Consulate of Bolivia in Santiago,
9 April 2013
433
37.4 Note N° VRE-DGLF-UMA-008107/2013 from
the Ministry of Foreign Affairs of Bolivia to the
General Consulate of Chile in La Paz, 9 May 2013
37.5 Note N° 269/134 from the General Consulate of Chile
in La Paz to the Ministry of Foreign Affairs of Bolivia,
25 September 2013
37.6 Note N° VRE-DGLF-UMA-017599/2013 from
the Ministry of Foreign Affairs of Bolivia to the
General Consulate of Chile in La Paz, 2 October 2013
37.7 Note N° 323/157 from the General Consulate of Chile
in La Paz to the Ministry of Foreign Affairs of Bolivia,
29 October 2013
37.8 Note N° VRE-DGLF-UMA-020899/2013 from the Ministry
of Foreign Affairs of Bolivia to the
General Consulate of Chile in La Paz, 19 November 2013
434
37.9 Note N° 362/180 from the General Consulate of Chile
in La Paz to the Ministry of Foreign Affairs of Bolivia,
28 November 2013
37.10 Note N° VRE-DGLF-UMA-022856/2013 from
the Ministry of Foreign Affairs of Bolivia to the
General Consulate of Chile in La Paz, 16 December 2013
37.11 Note N° 63/51 from the General Consulate of Chile
in La Paz to the Ministry of Foreign Affairs of Bolivia,
12 February 2014
37.12 Note N° VRE-DGLFAIT-UAIT-Nv-7/2014 from
the Ministry of Foreign Affairs of Bolivia to the General
Consulate of Chile in La Paz, 19 February 2014
(Originals in Spanish, English translations)
435
436
Annex 37.1
GOVERNMENT OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 586/206
The General Consulate of Chile in La Paz extends its greetings to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Bilateral Relations - and refers to the act carried out on Saturday, 27 October 2012, by which the authorities of the Department of Potosí officially commenced the construction of the first of several fish farms in the Bolivian part of the Silala or Siloli River basin.
As the Honourable Ministry knows, Chile - through Notes No 199/39 of 7 May 2012 and No 389/149 of 9 October 2012 - requested all pertinent information on this and other projects planned to be executed in the Bolivian part of the Silala River basin, prior to their concretization, in light of the legitimate rights that it is due as riparian State downstream of an international watercourse, in conformity with international law.
Given that this information was not provided, the General Consulate of Chile in La Paz issues the protest of the Chilean Government for the lack of cooperation shown by commencing the referred works without considering its nature as an international watercourse, and refusing to convey the requested information in the context of the principles of international law applicable to this water resource.
In particular, it should be noted that the downstream riparian State has rights that must be ensured and that it is vital to adopt the measures and coordinated actions to prevent possible negative effects on the shared river, the environment, as well as local communities.
The Republic of Chile reserves its right to exercise the corresponding actions in conformity with international law, and regrets that the Government of the Plurinational State of Bolivia is undertaking actions that could contravene it.
The General Consulate of Chile in La Paz takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Bilateral Relations of its highest esteem.
La Paz, 21 December 2012
(Signature) (Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign affairs of the Plurinational State of Bolivia
General Directorate of Bilateral Relations
By hand
(Stamp: Plurinational State of Bolivia,
Received on 24 Dec. 2012,
Ministry of Foreign Affairs,
DRDC, La Paz – Bolivia)
437
Annex 37.1
438
Annex 37.2
PLURINATIONAL STATE OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS AND WORSHIP
(Handwritten: 11)
VRE-DGLF-UMA-000715/2013 (000842)
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA – General Directorate of Consular Affairs extends its greetings to the Honourable GENERAL CONSULATE OF CHILE, and sees fit to acknowledge receipt of the Verbal Note N° 586/206 in connection with the projects being developed at the headwaters of the Silala springs in Bolivian territory.
On that matter, the Ministry of Foreign Affairs reaffirms the content of its Note VRE/DGRB/UAM-020563/2012 and expresses more firmly that the waters of the Silala constitute springs or natural upwellings of groundwaters, which emerge as springs within Bolivian territory and do not generate a riverbed or a natural watercourse forming a river.
Along these lines, the Ministry of Foreign Affairs deems that the affirmations made in Verbal Note N° 586/206 are inappropriate. Therefore, it reaffirms the full right of the Plurinational State of Bolivia over the use of the resources of the Silala, which is why the decision to use its waters in utilization-projects is an expression of the exercise of its full sovereignty.
Lastly, in accordance with the culture of dialogue that characterises the Plurinational State of Bolivia, the Ministry of Foreign Affairs expresses its predisposition to begin conversations about this and other bilateral topics through the Political Consultations Mechanism that was agreed by our Governments.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reaffirm the Honourable GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 17 January 2013
(Stamp: Ministry of Foreign Affairs,
Vice-ministry of Foreign Affairs,
La Paz, Bolivia)
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
Stamp: General Consulate of Chile
La Paz, Bolivia
Date: 21 January 2013; 12:50
Entry N° 53/11
Instructions: GDH
439
Annex 37.2
440
Annex 37.3
REPUBLIC OF CHILE
MINISTRY OF FOREIGN AFFAIRS
N° 003933
The Ministry of Foreign Affairs of Chile - Deputy General Directorate for Neighbouring Countries and Regional Affairs - extends its greetings to the Honourable General Consulate of the Plurinational State of Bolivia in Santiago, and refers to the publication of Law
N° 320 of 13 December 2012, regarding the use of the international waters of the Silala River.
On this matter, it is reminded that Bolivia’s unilateral acts over the waters of the Silala River cannot affect Chile’s legitimate rights as a downstream riparian State of an international watercourse, in conformity with international law.
A downstream riparian State has rights that must be safeguarded and, consequently, it is fundamental to adopt the measures and coordinated actions that prevent possible negative effects on this international watercourse, the environment, as well as local communities.
The Republic of Chile reserves its right to exercise the corresponding actions in conformity with international law, and would regret that the Government of the Plurinational State of Bolivia might interpret or apply its domestic legislation in contravention to it.
The Ministry of Foreign Affairs of Chile - Deputy General Directorate for Neighbouring Countries and Regional Affairs - extends its greetings to the Honourable General Consulate of the Plurinational State of Bolivia in Santiago, and takes this opportunity to reassure it of its highest esteem.
Santiago, 9 April 2013, 10:54
(Signature)
(Stamp: Ministry of Foreign Affairs,
Deputy General Directorate for Neighbouring Countries and Regional Affairs,
Deputy General Director)
To the Honourable
General Consulate of the Plurinational State of Bolivia in Santiago
By hand
441
Annex 37.3
442
Annex 37.4
PLURINATIONAL STATE OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS
(Handwritten: 3)
VRE-DGLF-UMA-008107/2013 (008716)
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs extends its greetings to the Honourable GENERAL CONSULATE OF THE REPUBLIC OF CHILE, and sees fit to acknowledge receipt of the Verbal Note N° 003933, addressed to the General Consulate of Bolivia in Chile, regarding the projects being developed at the headwaters of the Silala springs in Bolivian territory.
On that matter, the Ministry of Foreign Affairs reaffirms the content of its Notes VRE/DGRB/UAM-020563/2012 and VRE-DGLF-UMA-000715/2013, and expresses more firmly that the waters of the Silala constitute springs or natural upwellings of groundwaters that emerge as springs within Bolivian territory and that do not generate a riverbed or a natural watercourse forming a river.
Along these lines, the Ministry of Foreign Affairs deems that the affirmations made in the Verbal Note N° 003933 are inappropriate. Therefore, the full right of the Plurinational State of Bolivia over the use of the resources of the Silala is reaffirmed, which is why the decision to use its waters in water utilization-projects is an expression of the exercise of its full sovereignty.
Lastly, in accordance with the culture of dialogue that characterises the Plurinational State of Bolivia, the Ministry of Foreign Affairs expresses its predisposition to start conversations about this and other bilateral topics through the Political Consultations Mechanism that was agreed by our Governments.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reaffirm the Honourable GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 9 May 2013
(Stamp: Ministry of Foreign Affairs, Vice-ministry of Foreign Affairs, La Paz, Bolivia)
(Signature)
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
(Stamp: General Consulate of Chile
La Paz, Bolivia
Date: 17/05/13
Entry N° 324/81
Instructions: Sent to Difrol 17-05-13)
443
Annex 37.4
444
Annex 37.5
GOVERNMENT OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 269/134
The General Consulate of Chile in La Paz extends its greetings to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Bilateral Relations, and refers to its Note VRE-DGLF-UMA-008107/2013 of May 9, 2013, regarding the projects being carried out in the Bolivian part of the Silala River basin.
This General Consulate reaffirms the position expressed in the Notes N° 199/39 of 7 May 2012, N° 389/149 of 9 October 2012, and N° 587/206 of
21 December on the request of information regarding the construction of a fish farming plant in the Bolivian basin of the Silala River, as well as other projects planned to be executed in the future, prior to their concretization.
This request of information is based on the legitimate rights that correspond to Chile as a downstream riparian State, in conformity with international law.
The General Consulate of Chile in La Paz takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs - General Directorate of Bilateral Relations - of its highest esteem.
La Paz, 25 September 2013
(Signature)
(Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign Affairs of the Plurinational State of Bolivia
General Directorate of Bilateral Relations
By hand
(Stamp: Plurinational State of Bolivia,
Received on 25 Sept. 2013,
Ministry of Foreign Affairs,
DRDC, La Paz - Bolivia)
445
Annex 37.5
446
Annex 37.6
PLURINATIONAL STATE OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS
(Handwritten: 4)
VRE-DGLF-UMA-017599/2013 (000018477)
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs - extends its greetings to the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE, and sees fit to acknowledge receipt of the Verbal Note N° 269/134 of
25 September 2013.
On that matter, the Ministry of Foreign Affairs reaffirms the content of its Notes VRE/DGRB/UAM-020563/2012, VRE-DGLF-UMA-000715/2013, and VRE-DGLF-UMA-008107/2013, and expresses more firmly that the waters of the Silala constitute springs or natural upwellings of groundwaters that emerge as springs within Bolivian territory, and that do not generate a riverbed or a natural watercourse forming a river. Further, the existing surface flow is due to the canalization and artificial infrastructure works that were executed under the concession granted by the Potosí Prefecture to the Bolivian Railway Company Limited in 1908.
Along these lines, the Ministry of Foreign Affairs deems that the affirmations made in the Verbal Note N° 003933 from the Chilean Ministry of Foreign Affairs, and N° 269/134 from the General Consulate of the Republic of Chile in Bolivia are inappropriate. Therefore, the full right of the Plurinational State of Bolivia over the use of the Silala resources is reaffirmed, which is why the decision to use its waters in water utilization-projects is an expression of the exercise of its full sovereignty.
Lastly, in accordance with the culture of dialogue that characterises the Plurinational State of Bolivia, the Ministry of Foreign Affairs reaffirms once again its willingness to start conversations about this and other bilateral topics through the Political Consultations Mechanism that was agreed by our Governments.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reaffirm the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 2 October 2013
(Stamp: Ministry of Foreign Affairs,
Vice-ministry of Foreign Affairs,
La Paz, Bolivia)
(Signature) GENERAL CONSULATE OF CHILE
447
Annex 37.6
448
Annex 37.7
GOVERNMENT OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 323/157
The General Consulate of Chile in La Paz extends its greetings to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia – General Directorate of Bilateral Relations, and refers to its Note VRE-DGLF-UMA-017599/2013 of 2 October 2013, regarding the request of information about the projects being developed in the Bolivian part of the Silala or Siloli River basin.
This General Consulate reaffirms the nature of this international watercourse as has been set forth in successive bilateral meetings and referred to in Notes
N° 199/39 of 7 May 2012, N° 389/149 of 9 October 2012, N° 587/206 of
21 December 2012, and N° 269/134 of 25 September 2013. In this respect, it is appropriate to recall the legitimate right to request information that corresponds to Chile as a downstream riparian State, in conformity with international law, which cannot be disregarded by the use that could be made of the waters upstream.
The General Consulate of Chile in La Paz takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs - General Directorate of Legal Affairs -
of its highest esteem.
La Paz, October 29, 2013
(Signature)
(Stamp: General Consulate of Chile, La Paz)
TO THE HONOURABLE
MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA
GENERAL DIRECTORATE OF LEGAL AFFAIRS
BY HAND
(Stamp: Plurinational State of Bolivia,
Received on 30 Oct. 2013,
Ministry of Foreign Affairs,
DRDC, La Paz – Bolivia)
449
Annex 37.7
450
Annex 37.8
(Handwritten: 29)
VRE-DGLF-UMA-020899/2013 (000022171)
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA – General Directorate of Consular Affairs extends its greetings to the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE, and sees fit to acknowledge receipt of Verbal Note N° 323/157.
On that matter, the Ministry of Foreign Affairs reiterates the position contained in Notes VRE-DGLF-UMA-017599/2013 of 2 October 2013, VRE-DGLF-UMA-008107/2013 of 9 May 2013, VRE-DGLF-UMA-000715/2013 of 17 January 2013, VRE/DGRB/UAM-020563/2012 of 25 October 2012, and VRE-DGRB-UAM-009901/2012 of 24 May 2012. It reaffirms once again the full right of the Plurinational State of Bolivia over the use of the resources of the Silala, which is why the decision to use its waters in water utilization-projects is an expression of the exercise of its full sovereignty.
Bolivia once again expresses that the affirmations made in Verbal Notes
N° 323/157 of 29 October 2013, N° 269/134 of 25 September 2013, N° 003933 of 9 April 2013, N° 586/206 of 21 December 2012, N° 389/149 of 9 October 2012, and N° 199/39 of 7 May 2012 are inappropriate.
In addition, Bolivia reaffirms its predisposition to begin conversations about this and other bilateral topics through the Political Consultations Mechanism, as a way to resume the dialogue and the “13 Point Agenda” that was agreed by our Governments.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reaffirm the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 19 November 2013
(Stamp: Ministry of Foreign Affairs,
Vice-ministry of Foreign Affairs,
La Paz, Bolivia)
(Signature)
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
451
Annex 37.8
452
Annex 37.9
GOVERNMENT OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 362/380
The General Consulate of Chile in La Paz extends its greetings to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia – General Directorate of Consular Affairs, and refers to its Note VRE-DGLF-UMA-020899/2013 of 19 November 2013, in relation to the request of information about the projects being developed in the Bolivian part of the Silala or Siloli River basin.
On this matter, the Chilean Government reaffirms what has been expressed in Notes N° 199/39 of 7 May 2012, N° 389/149 of 9 October 2012, N° 586/206 of 21 December 2012, N° 269/134 of 25 September 2013, and N° 323/157 of
29 October 2013, which encompass a geographical reality that qualifies the Silala or Siloli River as an international watercourse, of which Bolivia is the upstream country. It is therefore appropriate to recall Chile’s legitimate right to request information as a downstream riparian State, in conformity with international law.
Furthermore, regarding the invitation extended in your Note VRE-DGRB-UAM-009901-2012 of 24 May 2012, in connection with a future visit to carry out field observations and to schedule joint works, the Chilean Government once again expresses its interest in concretizing this activity soon. Through this General Consulate it hopes to agree on the dates, as well as the conformation and mandate of the Delegations, as set forth in Note N° 389/149 of 9 October 2012.
The General Consulate of Chile in La Paz takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs - General Directorate of Bilateral Relations - of its highest esteem.
La Paz, 28 November 2013
(Signature)
TO THE HONOURABLE
MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA
GENERAL DIRECTORATE OF CONSULAR AFFAIRS
BY HAND
(Stamp: Plurinational State of Bolivia,
Received on 29 Nov. 2013,
Ministry of Foreign Affairs,
DRDC, La Paz – Bolivia)
453
Annex 37.9
454
Annex 37.10
PLURINATIONAL STATE OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS
(Handwritten: 2)
VRE-DGLF-UMA-022856/2013 (000024014)
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA – General Directorate of Consular Affairs extends its greetings to the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE, and sees fit to acknowledge receipt of Verbal Note N° 362/180.
On that matter, the Ministry reaffirms the position contained in Notes VRE-DGLF-UMA-020899/2013 of 19 November 2013, VRE-DGLF-UMA-017599/2013 of 2 October 2013, VRE-DGLF-UMA-008107/2013 of 9 May 2013, VRE-DGLF-UMA-000715/2013 of 17 January 2013, VRE/DGRB/UAM-020563/2012 of
25 October 2012, and VRE-DGRB-UAM-009901/2012 of 24 May 2012. It reaffirms once again the full right of the Plurinational State of Bolivia over the use of the resources of the Silala, which is why the decision to use its waters in water utilization-projects is an expression of the exercise of its full sovereignty.
Bolivia once again expresses that the affirmations made in Verbal Notes
N° 362/180 of 28 November 2013, N° 323/157 of 29 October 2013, N° 269/134 of 25 September 2013, N° 003933 of 9 April 2013, N° 586/206 of 21 December 2012, N° 389/149 of 9 October 2012, and N° 199/39 of 7 May 2012 are inappropriate.
In addition, Bolivia reaffirms its predisposition to start conversations about this and other bilateral topics through the Political Consultations Mechanism, as a way to resume the dialogue and the “13 Point Agenda” that was agreed by our Governments. On such occasion, the visit proposed by this Ministry of Foreign Affairs through Note VRE-DGRB-UAM-009901/2012, to carry out field observations and schedule joint works, can be discussed.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reassure the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 16 December 2013
(Stamp: Ministry of Foreign Affairs,
Vice-ministry of Foreign Affairs, La Paz, Bolivia)
(Signature)
(Stamp: General Consulate of Chile
La Paz, Bolivia
Date: 18/12/13
Entry N°
Instructions: )
455
Annex 37.10
456
Annex 37.11
GOVERNMENT OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 63/51
The General Consulate of Chile in La Paz extends its greetings to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Consular Affairs - and refers to its Note VRE-DGLF-UMA-022856/2013 of 16 December 2013, through which it acknowledges receipt of Note 362/180, regarding the request of information about the projects being developed in the Bolivian part of the Silala or Siloli River basin.
On this matter, the Chilean Government reaffirms what has been expressed in Notes N° 199/39 of 7 May 2012, N° 389/149 of 9 October 2012, N° 587/206 of 21 December 2012, N° 269/134 of 25 September 2013, N° 323/157 of 29 October 2013, and N° 362/180 of 29 November 2013. The aforementioned Notes are based on a geographical reality that characterises the Silala or Siloli River as an international watercourse, of which Bolivia is the upstream State. In addition, said Notes once again request information on the projects being developed in the Bolivian part of the Silala River basin; a request that is based on the legitimate rights that Chile has as a downstream riparian country, in conformity with international law.
Furthermore, regarding the invitation extended in your Note VRE-DGRB-UAM-009901-2012 of 24 May 2012, in connection with a future visit to carry out field observations and to schedule joint works, the Chilean Government once again expresses its interest and willingness in concretizing this activity soon. This would give continuity to the work plans that were interrupted by decision of the Bolivian party. Through its General Consulate, the Chilean Government hopes to agree on the dates, as well as the composition and mandate of the Delegations.
The General Consulate of Chile in La Paz takes this opportunity to reassure the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Consular Affairs - of its highest esteem.
La Paz, 12 February 2014
(Signature)
(Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign Affairs of the Plurinational State of Bolivia
General Directorate of Consular Affairs
By hand
(Stamp: Plurinational State of Bolivia,
Received on Feb. 12, 2014,
Ministry of Foreign Affairs,
DRDC, La Paz – Bolivia)
457
Annex 37.11
458
Annex 37.12
PLURINATIONAL STATE OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS
VRE-DGLFAIT-UAIT-Nv-7/2014 (000002637)
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA – General Directorate of Consular Affairs extends its greetings to the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE, and sees fit to acknowledge receipt of Verbal Note N° 63/51 of 12 February 2014.
On that matter, the position contained in the Notes VRE-DGLF-UMA -022856/2013 of 16 December 2013, VRE-DGLF-UMA-020899/2013 of 19 November 2013, VRE-DGLF-UMA-017599/2013 of 2 October 2013, VRE-DGLF-UMA-008107/2013 of 9 May 2013, VRE-DGRB-UAM-009901/2012 of 24 May 2012, VRE-DGLF-UMA-000715/2013 of 17 January 2013, and VRE/DGRB/UAM-020563/2012 of 25 October 2012 is reiterated. The Ministry of Foreign Affairs reaffirms once again the full right of the Plurinational State of Bolivia over the use of the resources of the Silala, which is why the decision to use its waters in water utilization-projects is an expression of the exercise of its full sovereignty.
The Ministry further restates that the affirmations made in Verbal Notes N° 362/180 of 28 November 2013, N° 323/157 of 29 October 2013, N° 389/149 of 9 October 2012, N° 269/134 of 25 September 2013, N° 003933 of 9 April 2013, N° 586/206 of 21 December 2012, and N° 199/39 of 7 May 2012 are inappropriate. It reaffirms its pre-disposition to initiate conversations about this and other bilateral topics through the Political Consultations Mechanism, as a way to resume the dialogue and the “13 Point Agenda” that was agreed by our Governments.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reassure the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 19 February 2014
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
(Footer: Address and contact information in La Paz, Bolivia)
(Stamp: General Consulate of Chile
La Paz, Bolivia
Date: 21/2/14
Entry N° 131/40
Instructions: )
(Stamp: Ministry of Foreign Affairs,
Vice-ministry of Foreign Affairs,
La Paz, Bolivia)
(Signature)
459
Annex 37.12
460
Annex 38
38.1 Note N° 96/72 from the Ministry of Foreign Affairs of Chile
to the Ministry of Foreign Affairs of Bolivia, 27 March 2014
38.2 Note N° VRE-DGLFAIT-UAIT-Cs-136/2014 from the
Ministry of Foreign Affairs of Bolivia to the General Consulate
of Chile in La Paz, 10 April 2014
(Originals in Spanish, English translations)
461
462
Annex 38.1
(Letterhead: GOVERNMENT OF CHILE, MINISTRY OF FOREIGN AFFAIRS, General Consulate of Chile, La Paz – Bolivia)
(Stamp: Plurinational State of Bolivia, Received on 27 March 2014, Ministry of Foreign Affairs, La Paz – Bolivia)
No 96/72
The General Consulate of Chile in La Paz presents its compliments to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Consular Affairs - and refers to its Note VRE-DGLFAIT-UAIT-Nv-7/2014, of 19 February 2014, which acknowledges receipt of Note N° 63/51 of 12 February 2014, regarding the request of information on the projects being carried out in the Bolivian part of the basin of the Silala or Siloli River.
In this respect, the Government of Chile reaffirms what was expressed in Notes N° 199/39 of 7 May 2012, N° 389/149 of 9 October 2012, N° 586/206 of 21 December 2012, N° 269/134 of 25 September 2013, and N° 323/157 of 29 October 2013, N° 362/180 of
29 November 2013, and N° 63/51 of 12 February 2014. In the cited Notes, the Government of Chile recalled that the Silala or Siloli River constitutes an international watercourse, of which Bolivia is the upstream country. In addition, the request for information on the projects that are being executed in the Bolivian part of the Silala River basin was reiterated. This request is based on the legitimate rights of Chile as downstream riparian country in conformity with international law.
The Government of Chile moreover reaffirms its interest and willingness to arrange as soon as possible a visit to carry out field observations and schedule joint works. These activities had been proposed by Bolivia through Note N° VRE-DGRB-UAM-009901-2012 of 24 May 2012. This activity would enable the continuity of the work plans that were interrupted by a decision made by the Bolivian part; work plans that were in accord with the proposals made by the working group that was constituted by both States. Through the corresponding channels, it would be possible to agree on the dates of this activity, as well as the composition and mandate of the delegations, recalling that it would not be proper to subject the activity to demands or conditions that distances it from its purpose.
The General Consulate of Chile in La Paz takes this opportunity to reaffirm the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Consular Affairs - of its highest esteem.
La Paz, 27 March 2014
(Mark and Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign Affairs of the Plurinational State of Bolivia
General Directorate of Consular Affairs
By hand
Annex 38.1
463
464
Annex 38.2
PLURINATIONAL STATE OF BOLIVIA,
MINISTRY OF FOREIGN AFFAIRS
(Stamp:GENERAL CONSULATE OF CHILE
LA PAZ – BOLIVIA
DATE: 14/4/14
ENTRY No: 252/60
INSTRUCTIONS: )
VRE-DGLFAIT-UAIT-Cs-136/2014
005785
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA -General Directorate of Consular Affairs presents its compliments to the Honourable General Consulate of the Republic of Chile and sees fit to acknowledge receipt of Verbal Note
N° 96/72 of 27 March 2014.
On this matter, the Ministry reiterates its position contained in Notes VRE-DGLF-UMA-022856/2013 of 16 December 2013, VRE-DGLF-UMA-020899/2013 of
19 November 2013, VRE-DGLF-UMA-017599/2013 of 02 October 2013, VRE-DGLF-UMA-008107/2013 of 09 May 2013, VRE-DGRB-UAM-009901/2012 of 24 May 2012, VRE-DGLF-UMA-000715/2013 of 17 January 2013, VRE-DGRB-UAM-020563/2012 of 25 October 2012 and VRE-DGLFAIT-UAIT-Nv 7/2014 and reaffirms once more the full right of the Plurinational State of Bolivia over the use of the resources of the Silala, which is why the decision to use its waters in a water utilization-project is an expression of the exercise of its full sovereignty.
At the same time, the Ministry once again states that the affirmations made in Notes
N° 362/180 of 28 November 2013, N° 323/157 of 29 October 2013, N° 389/149 of
9 October 2012, No 269/134 of 25 September 2013, N° 003933 of 09 April 2013, No 586/206 of 21 December 2012, N° 199/39 of 07 May 2012 and N° 96/72 of 27 March 2014 were inappropriate. The Ministry reiterates the invitation to the Republic of Chile to talk about this and other bilateral matters through the Political Consultations Mechanism, as a way of resuming conversations and the “13 Point Agenda” agreed to by our countries.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs - takes this opportunity to reaffirm the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest consideration.
La Paz, 10 April 2014
(Mark and Stamp: Ministry of Foreign Affairs; Vice-ministry of Foreign Affairs, La Paz - Bolivia)
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
(Footer: address and contact data)
Annex 38.2
465
466
Annex 39
39.1 Note N° 29/17 from the General Consulate of Chile in La Paz
to the Ministry of Foreign Affairs of Bolivia, 7 February 2017
39.2 Note VRE-Cs-47/2017 from the Ministry of Foreign Affairs
of Bolivia to the General Consulate of Chile in La Paz,
24 March 2017
39.3 Note VRE-Cs-117/2017 from the Ministry of Foreign Affairs
of Bolivia to the General Consulate of Chile in La Paz,
25 May 2017
(Originals in Spanish, English translations)
467
468
Annex 39.1
GOVERNMENT OF CHILE
MINISTRY OF FOREIGN AFFAIRS
General Consulate of Chile
La Paz, Bolivia
N° 29/17
The General Consulate of Chile in La Paz extends its greetings to the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia – General Directorate of Consular Affairs, and sees fit to request information regarding the utilization of water of the Silala River water system, as a consequence of the construction and operation of the military base called “Silala Military Post” as well as the ten houses built in the proximities of said watercourse.
Specifically, the General Consulate requests information about the water supply, as well as the disposal system of the wastewater from the abovementioned infrastructure works. This, given that the potential uses of water of the Silala River water system and the discharge of wastewater therein, may have significant consequences on the rights and legitimate interests that Chile has on this international water system.
This request is made considering the principles of good faith and good neighbourliness, as well as on the principle of equitable and reasonable use that have been set forth in Article 5 of the Convention on the Law of the Non-Navigational Uses of International Watercourses, bearing most specially in mind the existence of a dispute before the International Court of Justice concerning the status and use of the waters of the Silala.
The General Consulate of Chile in La Paz takes this opportunity to reassure the Honourable Ministry of Foreign Affairs of the Plurinational State of Bolivia - General Directorate of Consular Affairs - of its highest esteem.
La Paz, 7 February 2017
(Signature)
(Stamp: General Consulate of Chile, La Paz)
To the Honourable
Ministry of Foreign Affairs
General Directorate of Consular Affairs
By hand
(Stamp: Plurinational State of Bolivia,
Received on 9 Feb. 2017,
Ministry of Foreign Affairs,
DRDC, La Paz – Bolivia)
Annex 39.1
469
470
Annex 39.2
PLURINATIONAL STATE OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS
VRE-Cs-47/2017
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA – General Directorate of Consular Affairs extends its greetings to the Honourable GENERAL CONSULATE OF THE REPUBLIC OF CHILE, and wishes to acknowledge receipt of the Verbal Note N° 29/17, with respect to the Silala Springs.
On that matter and in the context of the principles of good faith and neighbourliness, the Ministry communicates that as soon as the requested information is available it will let the Honourable General Consulate know.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reaffirm the GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 24 March 2017
(Stamp: Ministry of Foreign Affairs,
Vice-ministry of Foreign Affairs,
La Paz, Bolivia)
(Signature)
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
(Stamp: General Consulate of Chile
La Paz, Bolivia
Date: 27/3/17
Entry N° 192/73
Instructions: Mr. J. Poblete,
send to Chile today;
27/3/17; signature)
(Stamp: General
Consulate of Chile
27 March 2017; 9:20
Received)
Annex 39.2
471
472
Annex 39.3
PLURINATIONAL STATE OF BOLIVIA
MINISTRY OF FOREIGN AFFAIRS
VRE-Cs-117/2017 (0007189)
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA – General Directorate of Consular Affairs extends its greetings to the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE in connection with Note VRE-Cs-47/ 2017 of 24 March 2017.
On this matter, the Government of Bolivia sees fit to express that it does not share the denomination of “Silala River system” used by the Chilean Government when referring to the waters of the Silala springs. However and in light of the principle of good faith, the Ministry of Foreign Affairs indicates that the scarce Bolivian infrastructure that exists at the site does not constitute any danger that would generate pollution or affects the water quality of the Silala springs, given that the houses built are uninhabited.
With regard to the Military Post, appropriate mechanisms that ensure the preservation and conservation of the aforementioned waters have been provided, since they are a permanent concern of Bolivia. Therefore the use of the waters is minimal and the disposal thereof is controlled through a system of basic sanitation that prevents contamination in the area.
The MINISTRY OF FOREIGN AFFAIRS OF THE PLURINATIONAL STATE OF BOLIVIA - General Directorate of Consular Affairs takes this opportunity to reassure the HONOURABLE GENERAL CONSULATE OF THE REPUBLIC OF CHILE of its highest esteem.
La Paz, 25 May 2017
(Stamp: Ministry of Foreign Affairs,
Vice-ministry of Foreign Affairs,
La Paz, Bolivia)
(Signature)
To the Honourable
GENERAL CONSULATE OF THE REPUBLIC OF CHILE
By hand
(Stamp left margin: General Consulate of Chile; May 26, 2017; 10:45)
(Stamp: General Consulate of Chile
La Paz, Bolivia
Date: 26/5/17
Entry N° 372/161
Instructions: )
Annex 39.3
473
474
Volume 2 - Annexes 1-39