Annexes | INTERNATIONAL COURT OF JUSTICE

Document Number

155-20131126-APP-01-01-EN

Parent Document Number

17978

Case

155 - Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia)

Date of the Document

Tue, 11/26/2013 - 12:00

Document File

155-20131126-app-01-01-en.pdf

28
Annex 1
Declaration of President Juan Manuel Santos
on the Judgment of the International Court of Justice,
19 November 2012 1
Bogotá, 19 November 2012.
“ Today this Court rejected the claims of sovereignty of Nicaragua over our
archipelago. It is a final and unappealable judgment on this issue.
��
The Court, in its judgment draws a line that begins on the west of the archipelago,
between our islands and the coast of Nicaragua.
While this is positive for Colombia, the Court, when drawing the maritime
delimitation line, made serious mistakes that I must stress, and [those mistakes]
affect us negatively.
��
Inexplicably — after recognizing the sovereignty of Colombia over the
entire archipelago and holding that it [the archipelago] as a unit generated
continental shelf and exclusive economic zone rights — the Court adjusted the
delimitation line, leaving the Keys of Serrana, Serranilla, Quitasueño and
Bajo Nuevo separated from the rest of the archipelago.
This is inconsistent with what the Court itself acknowledged, and is not
compatible with the geographical conception of what is an archipelago.
All of these are really omissions, errors, excesses, inconsistencies that we cannot
accept.
Taking into account the above, Colombia — represented by its Head of
State — emphatically rejects that aspect of the judgment rendered by the Court
today.
��
The Government respects the rule of law but considers that the Court has
committed serious mistakes in this matter.” (Emphasis added.)
1 Source :
http://wsp.presidencia.gov.co/Prensa/2012/Noviembre/Paginas/20121119_02.aspx.
30
Annex 2
The Colombian Foreign Minister
Calls The Hague an Enemy”,
El Nuevo Herald, 28 November 2012 1
“The enemy is the Court which did not base its decision on the law, that
Judgment is full of inadequacies and one reads it and cannot believe that the
States parties that conform the Court elected those judges to decide such an
important Judgment.”
1 Source :
http://www.elnuevoherald.com/2012/11/27/1353049/canciller-colombiana-califica.html.
32
Annex 3
Letter from the Minister of Foreign Affairs of Colombia
to the Secretary-General of the Organization of American States,
27 November 2012
I have the honour to address Your Excellency pursuant to Article LVI of the
American Treaty on Pacific Settlement in order to give notice to the General Secretariat
of the Organization of American States, which you head, as the successor
to the Pan American Union, that the Republic of Colombia denounces as of today
the “American Treaty on Pacific Settlement”, signed on 30 April 30 1948, whose
instrument of ratification was deposited by Colombia on 6 November 1968.
The denunciation of the American Treaty on Pacific Settlement shall be in effect
as of today with respect to procedures initiated after this notice, pursuant to the
second paragraph of Article LVI, which reads : “The denunciation shall have no
effect with respect to pending procedures initiated prior to the transmission of the
particular notification.”
(Signed) María Angela Holguín Cuellar,
Minister of Foreign Affairs.
34
Annex 4
Declaration of President Juan Manuel Santos
on the Denunciation of the Pact of Bogotá,
28 November 2012 1
“I have decided that the highest national interests demand that the territorial
and maritime boundaries be fixed through treaties, as has been the legal
tradition of Colombia, and not through judgments rendered by the International
Court of Justice.
��
This is why yesterday Colombia denounced the Pact of Bogotá. Proper
notice was given to the Secretary-General of the Organization of American
States. It will become effective for procedures that are initiated after the notification.
��
The decision I have made obeys to a fundamental principle : the boundaries
between States should be fixed by States themselves. Land borders and maritime
boundaries between States, should not be left to a Court, but rather must be
fixed by States through treaties of mutual agreement.” (Emphasis added.)
1 Source :
http://wsp.presidencia.gov.co/Prensa/2012/Noviembre/Paginas/20121128_04.aspx.
36
Annex 5
“Santos and Ortega Will Meet this Saturday in Mexico City”,
La República, 29 November 2012 1
“I want to shake hands with President Santos and say that I and the people
of Nicaragua want to fix this situation as fraternally as brothers, as these two
people have been throughout the history of Latin America”, said Daniel
Ortega, President of Nicaragua, according to Caracol TV.
Nicaragua’s Ambassador to Mexico, Tamara Hawkins, contacted the
Colombian Ambassador Gabriel José Ortiz, in order to organize the meeting
with President Juan Manuel Santos.
The announcement follows statements by President Santos in which he
said that he “will not apply that judgment of The Hague Court until it is guaranteed
that the rights of the Colombians are well defined”.
1 Source :
http://www.larepublica.co/economia/santos-y-ortega-se-reunir%C3%A1n-este-s%C3%A1
bado-en-ciudad-de-m%C3%A9xico_26792.
38
Annex 6
Declaration of President Juan Manuel Santos
during the Summit of Governors in San Andrés,
18 February 2013 1
“It should be absolutely and totally clear that : I have given peremptory and
precise instructions to the Navy ; the historical rights of our fishermen are
going to be respected no matter what. No one has to request permission to
anybody in order to fish where they have always fished.
��
Colombia fishermen are going to be able to exercise their historical fishing
rights — that is what we have been saying. We will make sure of that.
��
This afternoon the Minister of Defence will arrive, the Commander of the
Navy is coming [too] and I am going to reiterate this in front of all the San
Andrés people : You do not have to request permission from anybody in order
to fish where you have traditionally fished.”
1 Source :
http://wsp.presidencia.gov.co/Prensa/2013/Febrero/Paginas/20130218_09.aspx.
40
Annex 7
“Santos Orders to Defend the Continental Shelf
with Cloak and Sword”,
El Espectador, 19 September 2013 1
That’s the order that he gave to the military forces patrolling the waters in
dispute with Nicaragua.
The President of the Republic, Juan Manuel Santos, ordered to the high
command of the Armed Forces to defend with “cloak and sword” the continental
shelf that Colombia has in the Caribbean Sea.
During the speech by the Navy Commander, Vice Admiral Hernando
Wills, he reiterated that his forces comply with the order of the Head of State
to exercise sovereignty throughout the Colombian Caribbean Sea.
The high command even said that the Colombian frigates operate in the 82
meridian, and added that the judgment of The Hague is inapplicable and that
his duty is to defend all the Colombian maritime space.
Meanwhile, the Governor of San Andrés, Aury Guerrero, reiterated that
the Caribbean waters over which The Hague gave Nicaragua economic rights
have been and are Colombian waters.
“The whole territory, including the 82 [meridian], is yours and we count on
its defence”, said Guerrero to President Santos, addressing him as Head of
State.
1 Source :
http://www.elespectador.com/noticias/politica/santos-ordena-defender-plataformacontinental-
capa-y-es-articulo-447445.
42
Annex 8
Presidential Decree 1946 of 9 September 2013 1
Which serves to regulate Articles 1, 2, 3, 4, 5, 6 and 9 of Law 10 of 1978 and 2
and 3 of Law 47 of 1993 as regards territorial sea, the contiguous zone, some
aspects of the continental shelf of the insular Colombian territories in the Western
Caribbean Sea and the integrity of the San Andrés, Providence and Santa Catalina
Archipelago Department,
The President of the Republic of Colombia
In exercise of her constitutional and legal powers, in particular those extended in
Article 189, Roman numeral 11 of the Political Constitution and in the implementation
of stipulations of Law 10 of 1978 and Law 47 of 1993,
Considering
That Article 101 of the Political Constitution states that “besides its continental
territory, the San Andrés, Providencia and Santa Catalina and Malpelo Archipelago,
as well as their islands, islets, key and banks, are part of Colombia” ;
That the same Article establishes that they “are also part of Colombia the
subsoil,
the territory sea, the contiguous zone, the continental shelf, the exclusive
economic zone, the airspace, the part consisting of the geostationary orbit, the
electromagnetic sphere and the space it affects, in conformity with international
law and Colombian laws due to the absence of international norms” ;
That Article 309 of the Political Constitution converted into a department the
authority corresponding to the “San Andrés, Providencia and Santa Catalina
Archipelago” and established that “the property and rights under any title which
belonged to the authorities and commissaries will continue to be the property of
the respective departments” ;
That Article 310 of the Political Constitution establishes that “besides norms
established in the Constitution and laws regarding other departments, the San
Andrés, Providencia and Santa Catalina Archipelago Department shall be ruled
by special norms on public administration, immigration, fiscal matters, foreign
commerce, exchange, finances and economic development established by the
legislature”
;
That Article 3 of Law 47 of 1993 establishes that the territory of the San Andrés,
Providencia and Santa Catalina Archipelago Department is conformed by the
islands of San Andrés, Providencia and Santa Catalina, by the Alburquerque, East
South Southeast, Roncador, Serrana, Quitasueño, Bajo Nuevo, Bancos de Serranilla
and Alicia the other islands, islets, keys, banks and reefs which conform the
former Special Authority of San Andrés and Providencia ;
That Article 2 of Law 47 of 1993 recognizes the territorial, cultural, administrative,
economic and political unity of the Archipelago by establishing that “the San
1 Source :
http://wsp.presidencia.gov.co/Normativa/Decretos/2013/Documents/SEPTIEMBRE/09/
DECRETO%201946%20DEL%2009%20DE%20SEPTIEMBRE%20DE%202013.pdf.
44
Andrés, Providencia and Santa Catalina Archipelago Department is a territorial
entity created by the Constitution and the law and has the right to govern itself
through its own authorities ; to exercise the pertinent competences, to integrate
the national revenue system ; to administrate its resources and establish the taxes
necessary for compliance with its functions” ;
That Article 9 of Law 10 of 1978 established that the Government shall proceed
to establish for the San Andrés, Providencia and Santa Catalina Archipelago
Department and other insular territories the baselines from which shall be measured
the diverse maritime spaces over which the Colombian nation exercises sovereignty,
sovereign rights and jurisdiction in conformity with customary international
law, it orders that these be incorporated into its official maritime cartography
in conformity with international norms on this subject matter ;
That in carrying out that which is established in Article 101 of the Political Constitution
and Law 10 of 1978, and in the context of the Political Constitution, it is
the responsibility of the State to determine the extension of the territorial sea and
the contiguous zone generated by the islands that conform Western Caribbean
insular Colombian territories and the reach of the corresponding maritime jurisdiction
in order to facilitate their adequate administration, the orderly management
of the waters and the exercise of the country’s sovereignty or sovereign rights ;
That according to international customary law and in carrying out that which is
established in Article 101 of the Political Constitution and Law 10 of 1978, the
Republic of Colombia has a right to the formations that comprise the San Andrés,
Providencia and Santa Catalina Archipelago to generate territorial sea and a contiguous
zone without prejudice to its rights over the exclusive economic zone and
the continental shelf ;
That in conformity with customary international law as regards the contiguous
zone, States may exercise sovereign rights and jurisdiction and control in the areas
of security, drug trafficking, environmental protection, fiscal and customs matters,
immigration, health and other matters ;
That the extension of the contiguous zone of insular territories conforming the
Western Caribbean has to be determined, specifically of those insular territories
that conform the San Andrés, Providencia and Santa Catalina Archipelago, so
that the orderly management of the Archipelago and its maritime spaces may be
guaranteed thereby ensuring protection of the environment and natural resources
and maintenance of comprehensive security and public order ;
That the Colombian State is responsible for the preservation of the Archipelago’s
ecosystems which are fundamental to the ecological equilibrium of the
area and in order to preserve its inhabitants’ historic, traditional, ancestral, environmental
and cultural rights, and their right to survival.
It is decreed
Article 1
Western Caribbean Sea
insular territories of Colombia
1. The Western Caribbean Sea insular territories of Colombia are comprised of
the San Andrés, Providencia and Santa Catalina Archipelago Department and the
rest of its islands, islets, keys and banks.
2. The San Andrés, Providencia and Santa Catalina Archipelago Department is
comprised of the following islands :
(a) San Andrés ;
(b) Providencia ;
46
(c) Santa Catalina ;
(d) The Alburquerque Keys ;
(e) The East Southeast Keys ;
(f) The Roncador Keys ;
(g) The Serrana Keys ;
(h) The Quitasueño Keys ;
(i) The Serranilla Keys ;
(g) The Bajo Nuevo Keys ;
(k) the remaining island, islets, keys, banks, low-tide elevations and reefs adjacent
to each of these islands and which conform the San Andrés, Providencia and
Santa Catalina Archipelago Department.
3. The Republic of Colombia exercises full sovereignty over its insular territories
and it also exercises jurisdiction and sovereign rights over the maritime spaces
these create under the norms of international law, the Political Constitution,
Law 10 of 1978 and this Decree.
Article 2
Maritime spaces created by the Western Caribbean Sea
insular territories of Colombia
In conformity with Article 101 of the Political Constitution, customary international
law, and Laws 10 of 1978, and 47 of 1993, the territorial sea, the contiguous
zone, the continental shelf and the exclusive economic zone created by its Western
Caribbean Sea insular territories are a part of Colombia.
The continental shelf and the eastern exclusive economic zone generated by the
Western Caribbean Sea insular territories of Colombia that overlap with the continental
shelf and the exclusive economic zone generated towards the northwest
along Colombia’s Atlantic coast.
Article 3
Drawing of baselines in the Western Caribbean Sea
insular territories of Colombia
1. In carrying out that which is established in Law 10 of 1978, the Government
shall determine the points and baselines from which the breadth of the territorial
waters, the contiguous zone and diverse maritime spaces created by the
islands comprising the Western Caribbean Sea insular territories of Colombia are
measured.
2. The drawing shall be carried out in conformity with the criteria recognized in
customary international law including those related to islands situated in atolls or
islands having fringing reefs in which the baseline for measuring the breadth of the
territorial sea is the seaward low water-line of the reef.
3. Straight baselines may be used in the event of situations foreseen in Article 4
of Law 10 of 1978.
4. Waters situated between the baselines and insular territories are considered
internal waters.
Article 4
Territorial waters of the Western Caribbean Sea
insular territories of Colombia
1. The territorial sea of the Western Caribbean Sea insular territories of Colombia,
over which the Republic of Colombia exercises full sovereignty, extends from
the territory of each one of the islands mentioned in Article l and their inner waters,
to the distance established in number 2 of the present Article.
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2. The outer limit of the territorial sea shall be conformed by a line in which the
points that comprise such line are at a distance equal to 12 nautical miles measured
from the baselines.
3. National sovereignty is equally exercised in the airspace above the territorial
sea, as well as in the sea-bed and subsoil of this sea.
4. The ships of any State enjoy the right of innocent passage in the territorial sea,
in conformity with customary international law and other peaceful uses which customary
international law recognizes.
The transit through its territorial waters of warships, submarines, nuclear-powered
ships and any other naval transport carrying nuclear substances or other
substances harmful or potentially dangerous to the environment, is subject to
prior authorization by the competent authorities of the Republic of Colombia.
Note : For the effects of the present Decree and in conformity with that which
was established in Article 1 of Law 10 of 1978, it is understood that one nautical
mile is equivalent to 1.852 kilometres.
Article 5
Contiguous zone of the Western Caribbean Sea
insular territories of Colombia
1. Without prejudice to that which is established in Number 2 of the present
Article, the contiguous zone of the Western Caribbean Sea insular territories of
Colombia extends to a distance of 24 nautical miles measured from the baselines
referred to in Article 3 of this Decree.
2. The contiguous zones adjacent to the territorial sea of the islands that conform
the Western Caribbean Sea insular territories of Colombia, except those of
the Serranilla and Bajo Nuevo Islands, upon intersecting create a continuous zone
and uninterrupted zone of the whole of the San Andrés, Providencia and Santa
Catalina Archipelago Department over which the competent national authorities
shall exercise their powers which are recognized by international law and the
Colombian laws mentioned in Number 3 of the present article.
With the objective of ensuring the due administration and orderly management
of the whole San Andrés, Providencia and Santa Catalina Archipelago, its islands,
keys and other formations and their maritime areas and resources, as well as to
avoid the existence of irregular shapes or contours that make difficult their practical
implementation, the lines that indicate the outer limits of the contiguous zones
shall be joined by geodesic lines. Similarly, these shall be joined at the contiguous
zone of Serranilla Island by geodesic lines that shall follow the direction of parallel
14°59´ 08˝ N through to meridian 79°56´ 00˝ W, and from there to the north, thus
conforming the Integral Contiguous Zone of the San Andrés, Providencia and
Santa Catalina Archipelago Department.
3. In consistency with what is established in the above provision, the Colombian
State shall exercise in the established Integral Contiguous Zone its sovereign authority
and the powers for the implementation and the necessary control regarding :
(a) Prevention and control of violations of laws and by‑laws regarding integral
security of the State, including piracy, drug trafficking, as well as behaviour
that endangers security at sea and national maritime interests, customs, fiscal,
immigration and health matters committed in its insular territories or in their
territorial sea. Similarly, violations of laws and by-laws regarding environmental
protection, cultural patrimony and the exercise of historic rights to
fishing held by the State of Colombia, shall be prevented and controlled.
50
(b) Punishment of violations of laws and by-laws regarding the matters enumerated
in (a) above and that were committed in the insular territories or their
territorial sea.
Article 6
Elaboration of maps
The points and baselines referred to in Article 3 of this Decree, shall be published
in the official nautical cartography of the Republic of Colombia which is
elaborated by the General Maritime Directorate, which shall take place within the
three (3) months following issuance of the present Decree. That which is relevant
to it shall be sent to the Agustín Codazzi Geographic Institute. Due publication
shall be given to these instruments.
The Integral Contiguous Zone established by virtue of Article 3 of this Decree
shall be reflected in the official nautical cartography of the Republic of Colombia
elaborated by the General Maritime Directorate, which should take place within
the two (2) months following publication of the instruments referred to in Article 3
of the present Decree. That which is relevant to it shall be sent to the Agustín
Codazzi Geographic Institute. Due publication shall be given to these instruments.
Once determined, the points and baselines, as well as the other spaces referred to
in the present Decree, shall be established through a decree to be issued by the
national Government.
Article 7
The rights of third States
Nothing established herein shall be understood to affect or limit the rights and
responsibilities derived from the “Treaty on Maritime Delimitation between the
Republic of Colombia and Jamaica” signed between these States on 12 November
1993, nor shall the rights of other States be affected or limited.
Article 8
Applicability
The present Decree shall govern from the date of its issuance ; it precludes all
norms and regulations which are contrary to its content.
Bogotá, on 9 September 2013.
(Signed) Fernando Carrillo Flórez, (Signed) Juan Carlos Pinzón Bueno,
Minister of the Interior. Minister for National Defence.
(Signed) María Angela Holguín Cuéllar, (Signed) Alejandro Gaviria Uribe,
Minister for Foreign Relations. Health and Social Protection Minister.
(Signed) Mauricio Cárdenas Santamaría, (Signed) Juan Gabriel Uribe Vegalara,
Minister of Finance Minister for the Environment
and Public Credit. and Sustainable Development.
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Annex 9
Declaration of President Juan Manuel Santos
on the Integral Strategy of Colombia
on the Judgment of the International Court of Justice,
9 September 2013 2
colombia presents its integral strategy regarding
the hague sentence
1. We decided that without a treaty, the sentence is not applicable.
2. We consolidated our archipelago by declaring an Integral Contiguous Zone.
3. We advanced in environmental and social protection in the Seaflower Reserve.
4. We stopped Nicaragua’s expansionist plans by declaring the unification of two
continental sea-beds which jointly extend from San Andrés to Cartagena.
Bogotá, 9 September 2013.
What follows is a public statement from the President of the Republic, Juan
Manuel Santos, on Colombia’s integral strategy regarding the sentence of the
International Court of Justice in The Hague :
“Fellow Colombians :
All the people of our country continue to feel indignant about the International
Court of Justice sentence.
Our Government, which inherited work in a process that had been going on
for more than a decade, was the one to receive the decision and take measures
to face the situation it created.
We did this with several actions we took from the beginning.
We designed and put in motion an ambitious investment plan to the benefit
of San Andrés’ people, including programmes in the areas of health, education,
housing, technology, infrastructure and energy. We also strengthened
protection of the fishing community.
These investments, which we decided together with the people of the island
based on their priorities, are more than twice the historical investment in this
department. They are now a reality and are being carried out quickly.
The objective is to make the Archipelago a sustainable region that extends
development opportunities to its people.
2 Source :
http://wsp.presidencia.gov.co/Prensa/2013/Septiembre/Paginas/20130909_04-Palabras-
Santos-Colombia-presenta-su-Estrategia-Integral-frente-al-fallo-de-La-Haya.aspx.
54
We also denounce the Bogotá Pact, or rather, we withdrew from this treaty
which recognized the jurisdiction of the Court at The Hague.
We have also diligently committed to the development of a juridical and
political strategy for reinforcing and consolidating the rights of Colombians
over the San Andrés, Providencia and Santa Catalina Archipelago.
Toward this end we have had the support of renown national and foreign
lawyers, and we examined and evaluated different opinions, different concepts
and theses which served to design this integral strategy.
Today I would like to inform you of this strategy.
In the FIRST PLACE — and after analysis of the juridical studies and concepts
— I reiterate what I stated the very day the sentence was emitted.
I was elected to defend and uphold the Constitution of Colombia. That was
my oath which I will not and cannot violate.
My constitutional responsibilities include protection and guarantee of the
rights of Colombians, to defend our borders and honour the treaties Colombia
has subscribed with other States.
Article 101 of our Constitution states that ‘the borders defined as provided
in this Constitution shall be subject to modification only by virtue of treaties
approved by Congress and duly ratified by the President of the Republic’.
On its part, the Constitutional Court, has clearly stated that these treaties
— that is to say, those that refer to the borders and demarcation of
Colombia — should always be approved by our Congress.
I repeat the decision I have made : The sentence of the International Court
of Justice IS NOT APPLICABLE without a treaty.
As Head of State, I will defend this position in the pertinent national and
international entities.
In that regard, the Government will make demands before the Constitutional
Court regarding the so-called Bogotá Pact. What is the purpose of this ?
So that it reaffirms the thesis that a sentence of the Court in The Hague cannot
automatically modify Colombia’s maritime demarcation.
I now move on to the SECOND DECISION.
Today I have issued a very important decree whose reach I would like to
explain to you.
National law as well as international law recognize for our islands basic
maritime areas — territorial waters and a contiguous zone — that cannot be
automatically modified.
Those areas cannot be ignored nor shall we allow this.
For that reason, based on Colombia’s laws and taking into account clear
principles of international law, by way of this decree and as recognized to us
by international law, we are establishing jurisdictional and control rights over
the mentioned zone.
And we declare the existence of an Integral Contiguous Zone through
which we have unified the contiguous zones of all our islands and keys in the
Western Caribbean Sea.
We will continue to exercise full jurisdiction and control in this zone.
This integral area allows us to continue to adequately administrate the
Archipelago and its surrounding waters — as an archipelago rather than
unconnected territories, thus being able to control our security and protect
our resources and environment in the zone.
56
The Integral Contiguous Zone we have established covers maritime spaces
that extend from the south, where the Alburquerque and East-Southeast Keys
are situated, and to the north, where Serranilla Key is located.
Of course, it includes the San Andrés, Providencia and Santa Catalina, Quitasueño,
Serrana and Roncador Islands, and the other formations in the area.
I know these islands and I have toured them, including their islets and keys,
not only when I was Defence Minister, but also forty-five years ago when I was
a naval cadet and I patrolled these waters from the ARC ‘Antioquia’ frigate.
That is why today I want to assure my fellow Colombians : what I patrolled
as a marine and what I defended as minister, I shall protect, to the last consequences,
as president.
In this Integral Contiguous Zone we will exercise jurisdiction and control
over all areas related to security and the struggle against delinquency, and
over fiscal, customs, environmental, immigration and health matters and
other areas as well.
That means our country can rest assured that the San Andrés, Providencia
and Santa Catalina Archipelago is and will continue to be a complete and
integrated archipelago with an active presence of the State in all its maritime
territories.
A THIRD DECISION is to resort to all juridical and diplomatic means in
order to reaffirm protection of the Seaflower Reserve in which our fishermen
have carried out their fishing livelihood for centuries.
We are aware of the great ecological value this area — which the UNESCO
declared a World Biosphere Reserve — holds for the Archipelago and the
world.
Nicaragua wanted the UNESCO to extend it greater rights over the Reserve
and Colombia objected.
We celebrate the recent declaration by this organism that it is not its role to
intervene in controversies between nations, contrary to what Nicaragua
wanted.
On the internal level, we have instructed that we aggressively move forward
with environmental and social projects in order to prevent impact or damage
to our fishermen and the Archipelago’s surrounding waters.
There is a FOURTH front, which is really important and fundamental, on
which we are also working in order to contain Nicaragua’s expansionism in
the Caribbean.
We know that as it did during the process that led to the sentence, Nicaragua
intends to ask the International Court to recognize a continental sea-bed
extending east from the San Andrés Archipelago.
The intent is to deprive us of resources that belong to us. This is so absurd
that it would extend Nicaragua’ s jurisdiction to a point only 100 miles from
the coast of Cartagena.
This is totally unacceptable and — I want this to be absolutely clear —
there is no way, there is no circumstance under which we will allow this !
Colombia has faced and is going to face these expansionist plans with all
the determination and rigour it calls for.
And we are not alone in this decision.
Together with other countries that are Nicaragua’s neighbours, such as
Panama, Costa Rica and Jamaica, which are also affected by its expansionist
58
ambitions, we will sign a letter of protest which I will personally hand to the
Secretary-General of the United Nations when I intervene in the General
Assembly this month in New York.
In fact — and we must remember this — this sentence from The Hague
totally disregards the demarcation treaties which are in place with these countries
and which we are obliged to comply with.
That is another reason we CANNOT apply the sentence and which forces
us to resort to diplomatic means.
On my part, my fellow Colombians can rest assured that we will firmly
oppose Nicaragua’s expansionist plans in every international entity with very
solid technical and juridical arguments that have been ready for a long time
and which, understandably, I cannot reveal.
I have no doubt — not the smallest doubt — that we will triumph in this
effort.
In the decree we have emitted today, we are also reaffirming in juridical
terms that the San Andrés continental sea-bed extending west 200 nautical
miles, is unquestionably joined with Colombia’s Caribbean coast continental
sea-bed, which extends northwest toward San Andrés for at least 200 miles.
This means we have a continuous and integrated continental sea-bed that
extends from San Andrés to Cartagena, over which Colombia has and will
exercise the sovereign rights extended by international law.
Thus, we clearly, firmly and unquestionably close the door to allowing
Nicaragua’s
expansionist intentions.
All the measures we have taken and those I am announcing are part of that
integral strategy which has been carefully designed to defend Colombia’s
interests.
Thus, to enforce this strategy, today we have taken four fundamental steps
which we can summarize as follows :
First : We decided that without a treaty, the sentence is not applicable.
Second : By declaring the zone an Integral Contiguous Zone we have consolidated
our Archipelago.
Third : We are making progress in the environmental and social protection
of the Seaflower Reserve.
And fourth : We have stopped Nicaragua’s expansionist ambitions by
declaring the unity of two continental sea-beds which together extend from
San Andrés to Cartagena.
Of course, besides these four measures, we reserve the right to resort to the
resources of the International Court of Justice, and to take other actions.
None of these decisions precludes those that fish in the area as a means of
subsistence for themselves and their families from continuing to do so because
we are also responsible regarding peace and security in the Caribbean.
Compatriots :
You can rest assured that as President and as a Colombian, I shall continue
to protect our rights.
Without the least hesitation I shall continue to protect our sovereignty, our
islands and our seas to the last centimetre of our national territory.
60
With full commitment, total effort, and all strength, I shall continue to
faithfully comply with our Constitution as I swore to do before God and
before you.
Good night.”
62
Annex 10
Declaration of President Juan Manuel Santos
during the Sovereignty Exercises Performed in the Caribbean Sea,
18 September 2013 1
san andrés island, september 18 september 2013
“Good afternoon.
We are patrolling and exercising sovereignty on Colombian waters, as I did
45 years ago on board the Frigate ‘Antioquia’ of the Armada of the Republic
of Colombia (ARC for its acronym in Spanish). On this occasion, I am on
board the ARC Frigate Almirante Padilla, accompanied by the Frigate ‘20 de
Julio’. And I am not doing it with my peers in Contingent 42 of the Naval
Cadet School, but rather with the entire Colombian State.
From the judicial branch, headed by the President of the Supreme Court of
Justice ; from the legislative branch, headed by the President of the House of
Representatives and the heads of the Presidents of the Second Commissions
of the Senate and House of Representatives ; and the head of Representative
Jack Housni, who represents San Andrés and Providencia in the House of
Representatives.
I am also accompanied by the Honourable Minister of Justice and Law, by
the Honourable Minister of Defence, and the Commanders of our Military
Forces and the Director of the Police.
After this patrol exercise, I want to reaffirm what I said on the ninth of the
current month, on Monday last week :
Colombia deems that the ruling by The Hague is not applicable, and we will
not apply it, as we stated then and I repeat today, until we have a new treaty.
And we will not implement any action, in any direction, until the Constitutional
Court rules, after the lawsuit that I personally introduced against the
Bogotá Agreement.
I also want to reaffirm that we will continue to protect the Seaflower
Reserve, which UNESCO deems as patrimony of humanity.
In this trend of thought, for quite some time, I asked Attorney Sandra
Bessudo to gather all of the existing information, all of the research carried
out by different universities, by the diverse institutions, by the National
Assembly itself and the NGOs, relating to the scientific value of this Reserve,
which belongs to humanity.
She now has this information. And we are going to make a scientific expedition
at the end of this year with the Armada, with different universities, with
the academia. It will be a scientific expedition where we are going to use state-
1 Source :
http://wsp.presidencia.gov.co/Prensa/2013/Septiembre/Paginas/20130918_09-Palabras-
Presidente-Juan-Manuel-Santos-durante-ejercicio-soberania-que-cumplio-en-el-
Mar-Caribe.aspx.
64
of-the-art technology : a robot that will dive to 300 metres depth and film for
the first time. No one has ever reached such depths.
Exercises will be implemented with satellite telemetry, shark acoustics, and
fisheries prospection because this area is of great importance for our artisanal
fishermen, (we will study) marine mammals, which will provide information
to support our actions framed in the International Whaling Commission. We
will also implement oceanography studies, coastal erosion and climate change
studies, all of this in co-ordination with UNESCO.
Lastly, I want to refer to the new lawsuit introduced by Nicaragua against
Colombia. We vehemently reject this new lawsuit, which requests the extended
platform that the International Court of Justice in The Hague had already
rejected.
We consider that this lawsuit is inadmissible, as a lawsuit without any
grounds, as an unfriendly lawsuit, as a reckless lawsuit, a lawsuit without any
possibility for success.
Our platform goes from San Andrés, where we are now, up to Cartagena,
Barranquilla and Santa Marta. This platform is not negotiable under any circumstances
whatsoever. And we will defend it with all vehemence, all forcefulness,
because it is the platform that belongs to us, the Colombians.
So that here, in this place, on this frigate, I reaffirm that we will not allow
this new lawsuit introduced by Nicaragua against Colombia to take hold.
There are no legal grounds for it, no technical grounds, and therefore, I
repeat, we will defend it forcefully and vehemently.
And we will continue patrolling, just as we are doing so today. And we will
continue exercising sovereignty over our territory, over our waters.
We are also in the company of Madame Governor of San Andrés and
Providencia.
She knows that she enjoys full backing from the national Government.
We have provided support in many fronts and we will continue to
provide so that San Andrés, Providencia and Santa Catalina can enjoy
an increasingly better future.
Thank you very much.”

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