710.J/4–2248: Telegram

The Ambassador in Colombia ( Beaulac ) to the Acting Secretary of State

Delbog 107. Daily Summary No. 18. Steering Committee today approved April 30 closing date conference [and] decided move sessions all committees except Steering Committee back to Capitolio.

(1)
Nicaraguan-Costa Rican Situation: Steering Committee by 10–7 vote, US and Chile abstaining, approved Venezuelan motion appoint special committee to examine facts alleged Nicaraguan invasion Costa Rica and recommended action if any that conference should take, Chairman appointed Argentina, US, Brazil, Mexico, Haiti. In course discussion Machado (Costa Rica) stated that upon seeing news despatch, he visited Debayle (Foreign Minister Nicaragua) and received latter’s assurance that there was not a single Nicaraguan soldier on Costa Rican soil. He cabled this to his government but no reply yet although expressing almost certainty correctness Debayle’s assertions. Machado supported appointment committee.
Debayle referred to lack of precise boundary line between two countries and difficulty determining boundary exactly. Insisted that only after receiving official notice that foreign armed bands were heading for frontier to invade Nicaragua government sent soldiers to frontier in self defense. Referring press notices declared “as Foreign Minister Nicaragua I solemnly declare on Costa Rica soil,” stated committee unnecessary.
Latter reference several delegates to importance of information. Re reported US protest Marshall stated that on April 17 acting Foreign [Page 55] Minister Nicaragua informed US representative of proposed move on April 18 or 19. US Govt instructed representative Managua to communicate unofficially to Somoza US protest against any action by Nicaraguan Government involving crossing Costa Rica frontiers.
(2)
Organic Pact: Steering Committee unanimously approved discussion economic and cultural cooperation and social guarantees in order include provisions regarding them in pact; approved Salvadoran amendment granting right [of] membership [in] organization American states to any new country created by amalgamation [of] existing countries. Subcommittee committee I approved acceptable preamble.
(3)
European Colonies: After lengthy debate with participation all delegations except Haiti and Cuba, Steering Committee appointed working group Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, Guatemala, Mexico, Uruguay, Venezuela to prepare agreed text resolution. Argentina proposed resolutions stating that since hemisphere colonial system and territory occupied by force by foreign countries keeps peoples in human subordination and constitutes danger to peace and security and disrupts continental unity conference resolves that (1) is just aspiration American peoples that colonization and de facto occupation be terminated and (2) that rights and responsibilities granted this resolution and juridical title of American Republics are valid as against claims foreign nations.

Venezuela and Ecuador supported establishment IA committee for continuous study colonial question. Bolivia proposes IA juridical council for this purpose.

Marshall stated1 “such a mass or wealth of data has been submitted particularly by Argentina, Chile and Guatemala for our consideration that impression may have been given that this committee is virtually being converted into a court of law; even if such procedure were within the jurisdiction of committee the great principles of law and justice to which we all subscribe would demand that other party—or parties—be accorded hearing this of course would not be a permissible procedure.

US position can be briefly stated as follows:

(1)
Reaffirmation or confirmation of its devotion to general principle that peoples of dependent territories should be helped to attain constantly increasing measure self-government; and
(2)
Its earnest desire that disputes should be settled by peaceful means available to all parties and consistent with UN Charter.
Policy of US re European colonies Western Hemisphere has been one of opposition to extension of such colonies or of European political [Page 56] influence this hemisphere. This policy has been strongly asserted on several notable, I might say, historical occasions.
With respect to current disputes under discussion here USDel would feel compelled to refrain from supporting any resolution which would appear to prejudge conflicting claims of friendly nations. It is USDel’s hope that interested parties will redouble their efforts to seek equitable solutions based on law and justice and in conformity with our highest inter-American traditions and ideals. [”]
(3)
Defense Democracy: US, Chile, Brazil, Peru introduced joint resolution (Delbog 1082). Unqualifiedly supported by Costa Rica, Honduras, Nicaragua, Panama, Paraguay, Argentina, Bolivia, Colombia, Ecuador, Mexico, Uruguay; and Venezuela supported in principle with following qualifications: Venezuela stated that dangers to democracy exist from right as well including dictatorships and Falange. All urged that social and economic justice is essential to defense democracy, most stressed importance of fighting communism by democratic means 12–member subcommittee including US appointed [approved] draft text.
(4)
Economic matters: Working group economic committee approved Article 27 draft economic agreement. Working group re private investments deadlocked on Article 21 economic agreement re expropriation, notwithstanding general agreement re necessity favorable climate private investments. Venezuela, Mexico, and Guatemala insisted unable accept US proposal restricting expropriation to cases of “clearly defined public purpose” because of provisions domestic constitutions also resisted US proposal re “prompt” compensation.
Working group on Bolivian proposals re economic security for primary products again deadlocked; appointed US–Mexican drafting committee to resolve differences. Latinos badly split re Bolivian proposal for no competition of synthetic products with natural products positions US and Latinos apparently irreconcilable on regional exceptions MFN.
Subcommittee approved substances US draft re social guarantees, provisions economic agreement, also approved US draft on commercial policy except for Mexico which proposed addition of provisions re industrial protection. Also approved US proposal re substitute for Chapter X on relations with other international organizations, with minor amendments referred to drafting group Peruvian proposals re anti-dumping and import quotas (latter directed against US sugar and cotton quotas).
Working group Articles 24–25 economic agreement agreed on major part. US substitute for Article 24 US draft for Article 25 generally attacked as too negative and failing give Latin American countries adequate competitive position in US market as against ERP countries.
Working group on special economic organizations reached no decision in confused and inconclusive meeting highlighted by strong attack by Vellaseñor (Mexico)3 on US private capital and International Bank; insisted on reopening question IA Bank and new technical development corporation with substantial funds; effectively answered by Chile, Venezuela and Argentina, more or less support Mexico, Uruguay; Peru more moderate and would agree to further study of questions by IA ECOSOC.
(5)
Human Rights: Working group committee 6 completed draft “American declaration essential rights duties man” with separate chapters rights and duties respectively.
Chapter on rights includes life, liberty, security of person; residence movement, emigration and right to remain in state of nationality; inviolability of correspondence and domicile; protection against abusive attacks on reputation private and family life; expression information opinion; religious belief and observance; assembly association and petition; property; nationality to which entitled by law and right to change nationality; asylum; family; juridical personality; no arbitrary arrest and fair trial; participation in government work and remuneration; rest and recreation; cultural life and protection to inventors, authors et cetera; health; social security; mothers’ and children’s education; equality before law and general limitation clause.
Main problems for USDel this chapter are: right to receive as well as seek asylum; no detention for violations purely civil obligations; protection to inventors, authors, et cetera; economic and social rights as follows:

“Every person has the right to the preservation of his health through sanitary and social measures relative to the food, clothing, housing and medical care corresponding to the highest standard of living that the resources of the state or the community will permit.

“Every person has the right to social security and to protection of the state against the consequences of unemployment, sickness, old age and other causes of the loss of the means of livelihood for reasons beyond his control.

“Every woman during pregnancy and the nursing period, and every child, has right to protection and special care and assistance.”

Proposal for separate chapter containing series of duties of man presented unexpectedly by Mexico during short subsequent meeting full committee on declaration. Tate (US) expressed doubt advisability such separate chapter.
(6)
Social Matters: Committee 5 approved reference Honduran draft educational charter to IA Cultural Council.

Beaulac
  1. For Secretary Marshall’s statement, see USDel Report, p. 85.
  2. Not printed.
  3. Eduardo Villaseñor Angeles, former President, Bank of Mexico.