Boundary Disputes in Central America: Part Trends and Present1
Transcription
Boundary Disputes in Central America: Part Trends and Present1
Chapter 4: Boundary Disputes in Central America: Part Trends and Present1 Developments Manuel Orozco A key issue in the formation of the nation-state is the establishment of territorial boundaries and the manner in which disagreement or conflicts regarding those arrangements are resolved. Central America exhibits various disputes, ranging from contested demarcation lines to territorial occupation, that have been dealt with in ways ranging from treaty negotiations to violent confrontation. Historically, in most cases the disputes were resolved through some form of arbitration or bilateral negotiation. Contemporary, disputes in the region are a continuation of incomplete arrangements or unresolved disputes that coincide with the political opportunity of some players to revive old disputes to tum to their advantage. Although these conflicts are generally non-violent, their impact on regional stability is salient as the protracted nature of these disputes maintains strained relations between countries and fosters little confidence among the parties. Because multilateral involvement has generally occurred when military confrontation (or its likely potential) is present, these disputes bring into attention the need to set in motion multilateral preventive mechanisms such as early warning systems. This paper consists of three parts. First it provides a briefreview of historical Central American boundary disputes. The second part describes and review characteristics of the conflicts currently taking place in the region. Finally, the third part looks at the patterns and 1 Boundmy Disputes in Latin America since the End of the Cold War, Edited by Jorge I. Dominguez, Harvard University and Manuel Orozco, Inter-American Dialogue. Forthcoming. z.oo~. 1 characteristics of these disputes in Central America, the extent of violence, as well as to their relationship with previously existing disputes. Most disputes have been linked to demarcation issues, yet in those confrontations in which conflict has escalated the confrontation has been about a significant portion of territory. 1. Historical Disputes in Central America Many Central American disputes, particularly those now resolved, have their origins in the region's colonial past. The three historical disputes that this section analyzes-GuatemalaHonduras, the "Soccer War" between El Salvador and Honduras, and Honduras-Nicaraguaoriginally resulted from the process of decolonization. One of the major legacies of colonial Central America was the set of territorial divisions fixed by the "Ordenanzas de Intendencias" of 1785, the final colonial rules of administrative division. 1 Such divisions were not completely defined or demarcated, thus clear separations between one nation-state and the other were not easily discerned. Moreover, there existed various administrative divisions with different demarcations. After independence from Spain in 1821, each country defined its territorial sovereignty based on the doctrine of uti possidetis juris, a legal principle that establishes that a state emerging from colonization inherits the colonial administrative borders that it maintained at the time ofindependence. 2 Given uti possidetis and unclear demarcations, boundary disputes arose after the short-lived period of federalism in the region that ended in 1838. Complicating these competing territorial claims were the treaties that attempted to demarcate parts of boundaries shortly after the formation of the Central American nation-states. Rather than clearly resolving the nascent disputes, these treaties often had little decisive effect. The boundary dispute between Guatemala and Honduras, for example, originated with an 1843 2 treaty that deferred a final settlement to a commission to be appointed by each country at some point in the near future. Similarly, in the roughly 100 years preceding the "Soccer War" of 1969, the boundaries between El Salvador and Honduras underwent fifteen different adjustments without a final settlement. Finally, the conflict between Honduras and Nicaragua also resulted from an 1894 treaty that established part of the border between the nations, but which also called for future disputes to be settled by arbitration. These partial attempts at conflict resolution allowed the early disputes to develop at a low level of intensity. They neither solved the disputes between the newly independent nations outright nor did they immediately provoke intense conflicts. They did, however, leave ample room for future escalation. As these early Central American disputes festered and escalated, they became characterized by various attempts at international oversight and mediation. In each of the three cases mentioned above, outside powers or multilateral organizations intervened to help resolve the conflicts. While their efforts were relatively successful at limiting the number of armed conflicts and their duration-the longest and most serious conflict involved four days of fighting during the "Soccer W ar"-the intervening powers displayed a reluctance to force settlements upon the disputing parties. Although the Organization of American States (OAS) stopped the battle between El Salvador and Honduras four days after it began in 1969, the underlying dispute itself was not resolved until 1999. Similarly, almost 60 years passed after the International Court of Justice handed down a verdict in the Honduras-Nicaragua conflict before Nicaragua accepted the settlement. These early efforts at international mediation were successful in containing the conflicts; however, they, too, permitted the continuation of these protracted disputes. The major boundary conflicts that have affected Central America from independence until the current era are presented in Table 1. Three of these early and now resolved conflicts are 3 analyzed in more detail below. These controversies trace their roots to the formation of nationstates when the new republics sought to establish their boundaries as a mechanism to affirm their sovereignty. In addition to demarcation problems at the time of independence, these disputes share several other similar characteristics. They each saw various attempts at international oversight and mediation. While this mediation contained most of the disputes, it left open the possibility for future escalation. Eventually, each of these early conflicts reached decisive resolution as through a combination of bilateral agreements and multilateral intervention. .. Tbl41H't. b ero fT reat'1es, an d 0ther D ec1s10ns um en ca, N a a e .. 1s oncaID'lSPUtes.111 C entrlAm. Number of Treaties, Status Parties in Dispute Year Year Dispute Awards, or Rulings Dispute Escalated into Major Started Conflict 1T;2A Solved in Guatemala-Honduras 1843 1928 1933 Solved in Costa Rica-Panama 1879 1921 6T,3 A 1941 6T, 1 R Solved in Honduras-El 1910 1969 1999 Salvador: Soccer War Solved in 3 T, 1A,1 R Honduras-Nicaragua: 1912 1957 1963 territorial dispute Solved in Costa Rica1981 1985 1985 Nicaragua: Las Crucitas T =Treaties, A= Awards, R= Rulmgs -- Guatemala-Honduras The boundary dispute between Guatemala and Honduras dates back to an 1843 treaty that recognized their boundaries as ''those laid down for the Diocese of each in the Royal Ordinance of Intendances of 1786, and [that] in order to fix the dividing line in a manner that cannot be doubted, the two states will appoint their commissioners ... " 3 However, the two countries did not continue much work beyond the starting point (the line near Cerro Brujo) because of 4 uncertainties about the Ordinance in matters of division. In 1914, a second treaty tried to address the dispute but to no avail. The dispute intensified ten years later, after Guatemala ceded 64 miles of unoccupied land (from El Rico bridge to the Caribbean sea) to the United Fruit Company. 4 The concession conflicted with Cuyamel Fruit Company's land east of the Motagua River in Honduras. As a result of this conflict, in 1928, Honduras mobilized troops and occupied the city of Chachagualilla to affirm its sovereignty, prompting Guatemala to send soldiers to the area to stop the incursion. 5 The dispute thus involved two governments supporting the land claims of two transnational banana companies. 6 While the treaties of 1843 and 1914 attempted to address the peaceful demarcation issues, they reached no definitive solutions and allowed the dispute to continue behind the scenes. Eventually, the spark of potential resource development reactivated the dispute and brought it to the forefront of Guatemalan-Honduran relations. Guatemala's claims to the disputed area were based on a U.S. arbitrated agreement made between 1918 and 1919, which acknowledged the status quo as set forth by the cedula of Phillip II in 1563. Honduras, on the other hand, applied uti possidetisjuris of 1910, which established Honduran sovereignty of an area extending west of the Motagua River. 7 Final settlement of the dispute was reached after the U.S. invited the two parties to reach an accord. The International Central American Tribunal was selected to arbitrate the discussion, and on January 23, 1933, the Court handed down its final award. 8 El Salvador-Honduras The boundary between these two countries underwent negotiation in 1869 when commissioners from both countries met to settle the frontier of some bordering cities: Simulaton, Jocoara, and Comoloncagua in Honduras, and Arambala, Perquin, and Torola in El Salvador. 5 From that point a series of meetings was held to continue demarcating their boundaries, agreeing to the borders affecting the Northeast and Southwest sections of each country in 1888 and setting a Mixed Boundary Commission in 1895 to review points not yet demarcated. However, the demarcation process was never completed and instead tensions increased between the two countries over certain lines. As in the previous case, early bilateral attempts to clearly define the borders between the two countries were left unfinished. While this did not lead to immediate conflicts, the uncertainty allowed the dispute to quietly continue for years. Eventually, the dispute escalated when sparked by other events. Flores Pinel argues that between 1861 and 1969, fifteen boundary negotiations were held without successful outcomes. 9 On July 14, 1969, the two countries went to war after 2500 El Salvadoran soldiers invaded Honduras and Honduras retaliated with force. The conflict originally dealt with demarcation problems and cross-border flows of Salvadorans into Honduras and subsequent claims of abuses. It represented the highest level of tensions between the two countries over demographic changes, trade relations, and political reforms. 10 Because of El Salvador's explosive demographic growth of 3.6% per year, many Salvadorans had moved to border towns in Honduras seeking jobs and occupying lands, thereby increasing tensions between the two countries, particularly after Honduras deported Salvadorans. Also, Honduras was affected by the Central American Common Market and particularly in its trade relation with El Salvador, running trade deficits with that country. On July 19, 1969, the OAS 11 mediated the dispute and put pressure on El Salvador to accept the proposal. The OAS called for compliance to a four-point plan, calling for an immediate cease-fire, the withdrawal of troops within 72 hours, assurances of human rights protections from both sides, and the establishment of military observers to verify compliance. 12 6 El Salvador at first rejected the plan but it agreed after OAS members pressured, following condemnation for the invasion, finally withdrawing its troops on August 3rd, 1969. Small skirmishes continued but a demilitarized zone was created and, in 1980, the two countries signed a Treaty of Peace to demarcate areas in dispute. The treaty provided for the creation of a mixed commission that would set both the lines not being discussed and those under controversy. The latter were known as 'bolsones ', portions of disputed territory that included Goascoran, Dolores, N aguaterique, La Virtud and Sazalapa, Sumpul and Tepangusin. 13 According to the treaty, if by the expiration date in 1985, the commission could not reach an agreement over delimitation of the boundary, the countries would go to the International Court of Justice (ICJ). Because the commission did not complete its work in 1986, the two countries went to the ICJ, presented arguments in 1988, 14 and in 1999 the Court presented parts of its decision. The countries have not finalized their delimitation. Honduras-Nicaragua: territorial dispute The border between Honduras and Nicaragua exhibits similar problems to the two other disputes. Demarcation negotiations were started in the early part of the nineteenth century, with the countries settling parts of the border under the Bonilla-Gamez Treaty of 1894. That treaty also established that remaining disagreements would be solved through arbitration. Although an arbiter was named and gave a decision in 1906, Nicaragua rejected it in 1912. Nicaragua argued that, contrary to the Treaty statements, only one arbitrator, the King of Spain, had been named, and not three as the Treaty established, thus nullifying the validity of the award. 15 Nicaragua continued occupying the area under dispute, the north bank of the Coco River, until Honduras sought to reclaim it after creating a new department, Gracias a Dios, in that area. 7 After military clashes between the two governments in 1957, Honduras invoked the InterAmerican Pact for Reciprocal Assistance (the Rio Pact) on May 1, 1957, and placed military forces on the Honduran side of the river, claiming that Nicaragua had invaded its territory. 16 As a result, the Peace Committee, an OAS investigative commission, persuaded the parties to declare a cease fire and submit the issue to the International Court of Justice. 17 The ICJ decision upheld the 1906 award and ruled that Nicaragua should comply, which it finally did in 1962. 18 2. Current disputes in Central America Despite the eventual resolution of many boundary disputes in Central America, the problem of border conflicts persists. Until 2001 four border disputes were active: between Guatemala and Belize 19 ; Honduras and Nicaragua; Costa Rica and Nicaragua; and Honduras, Nicaragua, and El Salvador in the Gulf of Fonseca. There is also a potential fifth dispute between Honduras and Guatemala emanating from the ratification of the Lopez-Ramirez Treaty. These current disputes represent both a continuation and a departure from the past. To some extent, the present disputes exhibit the same tendencies as the historical disputes discussed in the previous section. The ongoing controversy between Guatemala and Belize, for example, has its roots in the process of decolonization and a series of incomplete bilateral treaties •. The British incursion into Central America and Belize's relatively recent independence gave rise to this dispute, which resembles a 19th Century dispute transplanted into the late 20th Century. Incomplete demarcation agreements between Guatemala and the British colony paved the way for the dispute to escalate once Belize finally achieved independence in 1981. This legacy of unresolved treaties, exacerbated by problems of treaty interpretation, is a common thread prevailing in past and present boundary conflicts in Central America. Conflict over 8 interpretation is the case of the Guatemala-Belize dispute in which there is controversy over the validity of the 1786 treaty between England and Spain (favored by Guatemala) or the 1859 treaty between Guatemala and England (favored by Belize). A number of legal decisions that emerged in resolving a given conflict later lent themselves to varying interpretations by the different parties, each one claiming the legitimacy of their interpretation. Because these disputes have been periodically dormant as well as long lasting, they may continue into the future. A key general issue that explains the continuation of boundary problems is, that despite agreements over new boundary lines, Central American states have a weak capacity to delimit those boundaries or to maintain jurisdiction. This tendency is reminiscent of the ill-defined borders at the time of independence. There has been considerable border instability related to failure to administer the boundaries or to clearly identify their demarcations. In many cases, the boundaries that were agreed upon remained unmarked, or un-demarcated, which caused confusion as to the actual position of the line, in turn giving way to more conflicts. The historic boundary problems between Honduras and El Salvador and the recent tensions between Nicaragua and Costa Rica are important examples. Many unmarked boundaries remain in many parts ofNicaragua. 20 On the other hand, current boundary disputes in the region also reflect a series of new issues not present in previous conflicts. The Guatemala-Belize conflict displays levels of political opportunism and brinksmanship not seen in other disputes. Each side has deliberately escalated the dispute for political gain. In addition, the three other present-day disputes are connected to several new issues unique to the modern era. First, the legacy of the Cold War and the civil conflicts of the 1980s in Central America left their mark on regional border relations. The continuing confrontations between Honduras and Nicaragua clearly demonstrate the 9 polarizing effects that these years had on border relations. Nicaragua's civil war coupled with anti-Sandinista troops harbored by Honduras strained relations along the border between two countries that already had a history of boundary disputes. Politically motivated escalation also played a role in this conflict just as it did in the Guatemala-Belize controversy. Second, recent progress in the area ofresource development, particularly in maritime areas, is also a new element in current disputes. The relatively recent extension of maritime rights has pushed competing countries into conflict over new areas. The current conflicts between Honduras and Nicaragua and possibly Guatemala over the limits of Honduras' maritime boundary are directly linked to fishing resources and alleged oil deposits in the Caribbean. Honduras had already initiated contracts with oil companies to prospect in the area now in dispute. 21 This conflict has also influenced Costa Rica to negotiate maritime boundaries with Caribbean countries and Colombia, thus increasing the potential for conflict with Nicaragua. Third, the complexity of trans-border developments is another issue explaining contemporary boundary disputes. People residing near the borders often cross boundaries without major attention to the jurisdictions of each country and its laws and policies. The economic and cultural dynamics that have developed in border areas contribute to the porosity of these regions, creating a sort of domestic/foreign frontier in which different practices coincide and collide. As a result, enforcement problems and abuses of different kinds occur and escalate to state-level tensions. This factor plays a role in Nicaragua's disputes with both Honduras and Costa Rica. Constant population flow has created new settlements along the borders and made the border area difficult to manage. Finally, various security issues related to drugs and crime are also recent developments that have allowed for the continuation of present-day boundary conflicts. The emergence of 10 these security concerns has led to intensified boundary disputes between Nicaragua and Costa Rica, particularly along the San Juan River. The major boundary conflicts currently affecting Central America are presented in Table 2. Four of these conflicts are analyzed in more detail below. These disputes are generally protracted and exhibit low levels of conflict. Moreover, they reflect both a shared past with the historical disputes and the emergence of new dynamics, such as the need to further expand economic wealth and the effect of globalization on migration. . centralAmen.ca, N umb er of Treatles, andOh T abl e 4 2 C urrentD.isputes m t er D ec1s1ons Parties in Dispute Year Dispute Started Honduras-El Salvador: Fonseca Gulf Nicaragua-El Salvador: Fonseca Gulf Guatemala-Belize 1854 1913 1946 Year Dispute Escalated into Major Conflict 1999 I9I 7, 1984 I963 Number of Treaties , Awards, or Rulings Status -- In dispute In dispute Solved in 2001 In dispute Honduras-Nicaragua-El Salvador: Fonseca Gulf Honduras-Nicaragua: maritime dispute Costa Rica-Nicaragua: San Juan river Honduras-Guatemala I98I 1984 IT I986 I997 1986 1999 I998 I999 -- IT 2T 1 T, lA, -- In dispute In dispute Unclear T =Treaties, A= Awards, R= Rulings Guatemala-Belize The dispute between Guatemala and Belize is one of the oldest conflicts in the region. It is connected to treaty interpretations regarding a settlement between Guatemala and Great Britain. In 1859, the two countries set boundary lines in the Limits Convention and sponsored a treaty settling the boundaries between Guatemala and what is now Belize. 22 This treaty extended the British territory beyond the boundaries settled during the Treaty of London of 1786, which had given the British logging rights from the Hondo River in the North, the Captaincy General of Guatemala in the East, and the Belize River in the South. 11 . . . I Article 7 of the 1859 Treaty aimed tO: ifuprove trade relations between the two countries through the building of cart roads and rivers between the Atlantic Coast and Guatemala City. A . survey done~by British engineers, however,oonclµded the estimated costs of building the road outweighed the benefits and the road was m;vel' built. In 1863, the British sought to supplement Article 7 by 6ffering to pay Guatemala 50,000 pounds to take charge of building the road. However, because Guatemala delayed its ratification for a year, the British government withdrew its offer, claiming that Guatemala failed to:ratify in the duly stipulated time period. Thus, the status quo of the 1859 treaty remained. 23 Despite the British reaction, Guatemala stressed that as long as Article 7 of the Treaty remained unfulfilled, Article 1 (recognizing British rights) would not apply. In fact, by 1945 Guatemala hadineluded in its Constitution an article that declared Belize part of Guatemala. In 1965, there was an attempt to settle the dispute under the mediation ofBethuel Webster, a United States government envoy. Webster's proposal urged Belize to become a department of Guatemala. However, Belize, and eventually Great Britain, ruled this draft Treaty unacceptable. 24 After Belize's independence from Great Britain, Guatemala continued to challenge the boundary treaty and now the new state. Guatemala's 1985 Constitution iJ;t.cluded an article that granted the president of the republic powers to resolve the territorial .dispute. During the latter part of the 1980s, a series of meetings took place in Miami, Florida,iJ;1ah effort to definitively resolve, the situation within a political, economic and security framework A Joint Commission prepared a comprehensive draft treaty. In addition, parallel agreeme~•were presented to strengthen the economies and relationships between the two countries. 25 .Progress continued in 1991 when then Guatemalan President Jorge Serrano recognized Belize's independence. However, Ramiro de Leon Carpio, 12 the following president, withdrew the recognition upon issuing an official Note of Reserve tothe United Nations, making it known that Guatemala maintained its territorial dispute with Belize. President Alvaro Arzu recognized Belize's independence, but presented a document to Belizean Prime Minister Said Musa in October 1999 that maintains Guatemala's position that nonfulfillment of Article 7 frees Guatemala from being bound by Article 1, which established the :' current border. Thus, Guatemala demanded that the border lines between the two countries revert back to those established by the 1786 Anglo-Spanish Treaty of London, which set the borders of the British settlement at the Hondo and Sibun rivers to the north and south respectively. 26 In March 2000, the two governments presented the issue to the Organization of American States. In September the two countries agreed to install a Panel of Facilitators with the help of the OAS to help in the negotiations. 27 Then in Nove~ber the gov~rnments signed an agreement including the establishment of a "peace and development zone" in an attempt to ease the problem of Guatemalan landless families encroaching on Belizean virgin land. The agreement was valid until August 31, 2001. 28 13 Figure 4.1: Guatemala, British Honduras-Belize Border Dispute 89" IB' i ·· ....... 17"' ! ~ ... I I. Guatemala-British Honduras, ~ 1783, 178Ji.: .and 1859 f! -< => j- .., Present Boundary ·---·-·-·-· _ . Ii~ . . . ,. .. . lb" .. i I ,,.... D••• ''.'.'.~--,. . .. ·~ 00• '"·' l! Source: Ireland, Gordon 'J" Honduras-Nicaragua Relations between Honduras and Nicaragua have a history of border instability and activity. The dynamic between the two countries varies and has several different contributing factors. Since the 1990s the land and maritime borders between Honduras and Nicaragua have 14 become important to the central governments of both countries. Issues such a~ r~gional migration, internal discord, and territorial treaties have also brought the border situation into the international spotlight. Prior to the most recent border dispute concerning the maritime border between Nicaragua and Honduras, the Nicaraguan civil war of the 1980s and early 1990.s affected border relations. The presence ofrebel anti-Sandinista forces operating in Honduran, territory created tension between the two countries. The Nicaraguan civil war also caused a large influx of refugees across the border into Honduras, forcing both governments to re-examine territorial boundaries and claims to sovereignty as a means of national security. Thus, this conflict represents a combination of several new factors that emerged over the past few decades. The most significant conflict between the two countries is the maritime border dispute. The turning point in this dispute was the Honduran decision in December 1999 to ratify a maritime boundary treaty, signed in 1986 (Lopez-Ramirez Treaty) with Colombia, recognizing Colombian rights in the Caribbean. This agreement has direct implications for Nicaragua's territory and its areas in dispute with Colombia. 29 The treaty gives Honduras ownership of all maritime territory up to the 15th parallel, granting the rest of the area to Colombia. Nicaragua, however, claims that it has sovereign territory rights up to the 1ih parallel 30 and that the treaty grants 130,000 km2 of Nicaraguan maritime territory rich in resources to Colombia. 31 As a result, in December 1999 the Nicaraguan government announced that, if the treaty were ratified, it would suspend all economic relations with Honduras. 32 The Honduran government replied with a press release stating that as a "friendly neighbor," Nicaragua should be pleased Honduras was normalizing border relations. The United Nations and the European Union asked both countries to resolve 15 the conflict through negotiation and mediation. Nicaragtia took its case to the ICJ on 8 December 1999, with a motion to suspend the fishing and'navigation rights of Honduras and Colombia. 33 As tensions between the two countries increased, Nicaraguan President Arnoldo Aleman demanded a bilateral agreement to annul the border agreement between Honduras and Colombia; he raised import duties on Honduran goods by 35%. 34 Shortly thereafter, the Nicaraguan government stated it had the capacity to mobilize troops to the border, but later backed down, acknowledging that Honduras had not provoked it militarily. Honduras replied with a statement to the press asserting that its Navy would protect its fishermen if need be. As a result of the escalation in tensions, a third party was called upon to mediate. OAS representative Luigi Einaudi met with envoys from the Honduran and Nicaraguan governments on four occasions to lower military tension along the maritime border. The talks resulted in a bilateral agreement creating a demilitarized zone between the two countries. Additionally, the governments agreed to patrol the border together in order to avoid confrontation. The agreements were instituted in February 2000. 35 Despite of the joint border patrol agreement, disputes persist. Nicaragua's case against Honduras at The Hague began on 5 February 2000. In addition, this dispute had spill over effects on the second Gulf of Fonseca dispute on the Pacific coast, where a history of clashes has existed. In late February 2000, Honduras fired upon Nicaraguan patrol boats, asserting that it was provoked. Nicaragua maintains that the attack took place in Nicaraguan territory, 1000 meters from the Nicaraguan port of Potosi3 6 . Additionally, Nicaragua had to dispel a rumor in late January 2000 that it had ordered its military to be on maximum alert. Although untrue, the rumor was thought to be a response to the mobilization of Honduran troops along its border with Nicaragua shortly after ratifying the treaty with Colombia. 37 This continued the practice of 16 escalating conflicts through troop movements or statements meant to intimidate the other side . . and convince it of one's resolve. Rather than definitively settling the dispute through negotiations, each party continued to use military brinkmanship keeping the conflict alive. The border issue remains unsolved, although represe11t(:\tives from both governments exchange information on border issues such as drugs, arms~ an~ivehicle trafficking, illegal:. immigration, and anned gangs along the border. More recently, the tensions between Honduras and Nicaragua have intensified over allegations from Nicaragua of a potential arms race initiated by Honduras and a violation of the Einaudi-brokered agreements signed between the two countries. 38 As a result, the Presidents of El Salvador, Honduras, and Nicaragua met in March 2001 in Pochomil, Nicaragua, to exchange information about.their weapons inventory. 39 Ambassador Einaudi further sought to promote dialogue and cooperation to build mutual confidence rather than insecurity. 40 Although the dispute is one of sovereign control, resource development is an important factor in the dispute. It is believed that the area is rich in fishing resources and potentially contains natural gas and oil, and the Honduran government had approved exploration of the area in dispute. 41 Figure 4.2: Maritime Boundary Dispute: Nicaragua, Honduras 17 ,, A tie.at}' Lieuna-/Boyd Colombfa/Paaama, :signed 20 N~mbet 1976, in fo{ti: .'l-0 N<Jvc:mber 1977. B Treaty Fem~ndez/Sac.cio Colomb[a.,•'Co$ta ruca, Signe.cl 17 !o.ia.rch 1917. C Treaty Col.ta Ri~/Panama 1 "S(gncd 2 Fcbtua.ry 1900. D Treaty Colocubia/H".ln~1,1raii, signed 2 August 1986. E ncaty lH.rt-enas Mene~/E!!gm:rra l'."icaraguafCo'ombia, signed 24 Much 1928. in force 30 April 1930 wittl. Anc.c:~ frorn Nicaragu;i, No il'lclusion of Gua.oo Cays and .Biu1k,. Rcnoul'lci=d 'iHU11tcraUy by Nk.a:ragua on '2 April I9&0. a C06ttt Rk..a. concept of median ltne. b Maritime bounder)' clali:ued by HondUI'lU .acrording ro •tacit agrt::crnimt'. Source: Sandner Nicaragua-Costa Rica 18 Nicaragua and Costa Rica also have a history of border activity and tension. 42 More recently, they also share problems of illegal immigration, criminal activity, and natural resource use, which have led to considerable inter-state border conflict. Currently, Nicaragua and Costa Rica are involved in a conflict concerning navigation rights and military presence on the San Juan River, the natural border between northern Costa Rica and southern Nicaragua. Nicaragua asserts that, according to the Canas-Jerez Treaty of 1858, it has complete sovereignty over the river, and therefore it has the right to refuse any international presence along the border: Costa Rica claims that it has historically been granted navigation rights by previous administrations. International regional issues such as migration have spurred tension between the two countries. Nicaraguan migration to Costa Rica has continued since the early 1980s .due to economic and political reasons. The cross-border flow intensified in the 1990s~-generating tension over the crossings and treatment of Nicaraguan migrants. News reports from as early as 1993 illustrate border activities. In November 1993, Costa Rican officials detained Nicaraguan citizens traveling to San Jose. Nicaragua retaliated with the statement that it intended to detain Costa Rican nationals without passports. Nicaragua later stated its intention to clarify the sovereignty of its borders, including the San Juan River43 . Security issues related to the activity of criminal bands and gun smuggling are also triggering factors in border tensions. In July 1994, Costa Rican police seized weapons that were being smuggled across the border for the uprising in Chiapas, Mexico. Additionally, land mines placed during the Nicaraguan civil war in the 1980s threaten the safety of civilians along the border. These security issues, in addition to arms trafficking and the presence of anned bands along the river, have compelled Costa Rica to patrol the river with armed civil guards. However, 19 Nicaragua views the presence of Costa Rican armed guarcjs as a violation of its sovereignty and arrested Costa Rican border police, seizing their vessels44 . Police action has also spread from military issues to civil-military issues. In 1997, the Nicaraguan military confiscated at least twelve Costa Rican vessels and detained close to twentytwo fishermen. Costa Rica responded with an official diplomatic note of protest, demanding the return of the boats and the release of the fishermen. 45 As a result of these issues, the Nicaraguan government decided to re-assert its presence on the border, and on May 8, 1998, it officially revoked the right of Costa Rican civil guards to carry arms on the San Juan River (Costa Rica calls these regulation weapons or 'armas de reglamento'). On 23 July, Nicaragua stated that Costa Rica only had navigation rights related to economic needs and did not have the right to patrol at all. 46 In order to address the border conflict, Nicaragua and Costa Rica have held bilateral meetings and negotiations. Agreements were reached several times, only to be annulled the following day. The first agreement, reached in August 1998, stipulated that the Costa Rican civil guards had the right to patrol the river with arms if they informed the Nicaraguan border police prior to the patrol. Nicaragua announced the next day that the agreement had been a "simple news bulletin"47 and was not complete. Later treaties followed the same pattern. After each accord, Nicaragua backtracked and claimed that the agreement was unconstitutional and lacked popular support. The last unratified settlement stated that, each time Costa Rica's civil guard patrolled the river, it had to ask permission of, not just notify, the Nicaraguan border authorities. While negotiating an agreement on the situation, both government applied different measures to assert their strength in the international arena. Nicaragua alluded several times to its capacity to mobilize troops to the border, asserting that it would defend itself ifthreatened. 48 20 The Nicaraguan military announced that it would arrest any foreign vessels on the San Juan River. Costa Rica responded to each instance with formal diplomatic protests and a demand for the Nicaraguan debt of $475 million in loaned electricity to be repaid. 49 These actions, especially Nicaragua's, display political opportunism in escalating the conflict. In late 2000 Costa Rica issued a press release stating that, if the latest attempt at conciliation in Nicaragua were unsuccessful, it would search for third party mediation50 . Costa Rica set a deadline for resolution of the conflict for the end of 2001 and expressed that it would take its case to the ICJ at The Hague if Nicaragua does not produce a solution to the conflict. Although the OAS heard the case, it failed to craft an agreement. For its part, Nicaragua is considering a new law to allow a Costa Rican presence on the San Juan River. The law faces domestic popular and parliamentary opposition in Nicaragua, especially from supporters of former President Arnoldo Aleman's administration. Figure 4.3: Costa Rica - Nicaragua Border M1CARABU°' ?ON'1i llr.t1TFt.O'Fi COSTA R1CA-NICARAGUA . .,. ___ .... L. ntGU h'11«t111 ---.,..• • ........ .. 'C.t:nfrD "; MAPA N"2 '"~dll'I Source: Leininger 21 Fonseca Gulf controversies Another area of recurrent conflict has been the Gulf of Fonseca. Because El Salvador, Honduras, and Nicaragua share the area, boundary enforcement has often been a source of dispute. At various points, there have been disputes between two of the three countries over jurisdiction in the Gulf and fishing rights. In September of 1992, the ICJ at The Hague gave sovereign rights to Honduras in the Pacific Ocean. 51 Previously prevailing tensions and the new arrangement over the ownership of such maritime territory have contributed to border clashes with Nicaragua over fishing rights in this Gulf. In 1995, news agencies reported maritime arrests of Honduran and Nicaraguan fishermen, for violations of tenitorial fishing rights. Honduran fishermen reportedly armed themselves for protection while fishing in Nicaraguanwaters. 52 In 1997, ten Honduran fishermen were arrested by Nicaraguan authorities in an area they believed was in Honduran territory. 53 Honduran authorities have also arrested Nicaraguan fishermen for territorial violations. In May 1997, Nicaraguan and Honduran border patrols clashed over border rights. After a brief bilateral negotiation, both countries agreed to identify the boundary with buoys; Japan agreed to finance the project. 54 However, the boundary cannot be demarcated until it is agreed upon. Due to such border discrepancies, Honduras announced in 1998 that it would seek to redefine its land and maritime borders. This conflict clearly shows the potential for escalation when resource development opportunities are implicated in a disputed area. 3. Conclusion: Patterns and Characteristics of Disputes What explains the various disputes in Central America? Do patterns emerge in these disagreements? The division presented earlier between current and past disputes relies on some 22 distinctive characteristics. Moreover, the lessons of already-resolved disputes might shed some light on prospects for present day conflict resolution. One important question to ask is why current disputes have emerged during the period of democratic transitions in the region? Past disputes had at least two important traits. First, as in many international disputes, in those cases where a dispute was solved its duration was over thirty years. Second, four of the major disputes (Guatemala-Honduras; El Salvador-Honduras; Nicaragua-Honduras; Costa RicaPanama) concerning boundary settlement, solved prior to the 1980s, shared three characteristics:'_ a) at some point they escalated to become militarized, b) the controversy was connected to the . countries' continued disagreement to settle their demarcations, and c) they eventually were settled through arbitration and third party involvement. Negotiations over the countries' boundaries lasted decades and even resulted in military confrontations, most of which took place in the first half of the twentieth century. Although these military confrontations and diplomatic disputes originated during the nineteenth century, the severity of the conflicts was greater in the 1900s. In the mid-1800s, the countries still faced internal consolidation amidst internal strife. Between 1840 and 1880, all countries in the region faced at least one episode of civil war, thus limiting states from engaging in foreign wars. (An exception was the war against William Walker in 1856.) Moreover, the boundary disputes involved disagreements over the establishment of the boundaries, which involved lengthy negotiations over treaty elaboration and implementation. By the twentieth century, four of the six now-settled intra-Central American border disputes had at one point involved interstate violence. The settlement in these cases resulted from a combination of OAS reconciliation efforts and the arbitration of the International Court of Justice or a designated arbiter. 23 Whether past or present, resolved or unresolved, the protracted nature of boundary disputes has become a pattern in Central America. The instances of serious escalation and war have been few in both the distant past and recent times but there are costs associated with lo_wlevel conflicts. Continued friction has strained relations between countries and affected trade and diplomacy. Such was the case during the "Soccer War'.' .of 1969 and the recent imposition of tariffs during the Honduras-Nicaragua conflict. Yet the costs go beyond the economic realm. Families with residence in two countries often suffer discrimination from one side during times of tension. And there is the ever-present potential of violence given prevailing tensions. Unlike some historical disputes that saw military action before eventual resolution, the present day disputes exhibit lower levels of conflict. Th~ir pattern of interaction even after major border incidents shows relatively low levels of violence. Is this distinction between the past and present disputes associated with the presence of democracies in the region? A superficial response would surmise that, as these countries democratized after the cold war, their propensity for violent confrontation declined, but this assessment is incomplete. A closer look shows that, while dormant, these disputes escalated into conflict in the post-cold war period of democratic transition, and not before. The Guatemala-Belize dispute.gained notoriety in the nineties when both countries were constitutional democracies; then, tensions mounted over clashes between troops or abuses against civilians in the disputed areas. Similarly, the Nicaragua-Costa Rica and Nicaragua-Honduras disputes became critical diplomat~c: issues in the late nineties when all of these countries had democratic political systems. The resolution of the Guatemala-Belize conflict also brings into attention the importance of multilateralism in the region and its conflict resolution role. What seems more plausible is to conclude that these new democracies found that it is in their interest to solve the controversies through diplomacy because of pressure from the 24 international community. The utility of war for most of these governments is not greater than negotiating peace because international actors will not support their going to war. In the specific case of Nicaragua's disputes with its neighbors, the difference in the utility of negotiating versus fighting is rather smaller, however, thus leaving open the possibility of escalating the controversy into conflict, particularly with Honduras. Nationalism seems to explain Nicaragua's position: Having lost territory to Honduras, Costa Rica, and Colombia, the country feels that it should uphold its position on principle and not negotiate further losses of sovereignty. To prevent the rise of military confrontation, the lessons from prior disputes suggest that pressure from the international community to accept third-party mediation, such a decision by the International Court of Justice, is critical to a successful peaceful outcome. Pressuring leaders to avoid confrontation or to resort to political opportunism is also important. In three disputes (Guatemala-Belize; Honduras-Nicaragua; Nicaragua-Costa Rica), a single leader's unilateral act prompted a dispute's resurrection. For example, in Guatemala, President Ramiro de Leon Carpio's decision to withdraw the recognition of Belize reignited a territorial controversy that had seemed settled; in Nicaragua, President Arnoldo Aleman's nationalist reaction to Honduras' ratification of a treaty with Colombia increased tensions between the two countries. International mobilization could prevent these kinds of behavior. 25 Bibliography Alvarez Lejarza, Emilio. Las Constituciones de Nicaragua. Madrid: Ed. 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The Impact of world crisis on geopolitical conflicts, in Silva Michelena, Jose, Latin America peace, democratization and economic crisis. NJ: The UN University 1988. ''\' (,' Morris, James. Honduras: Caudillo Politics and Military Rulers. Boulder: Westview Press, 1984. NotiCen. "Nicaragua and Honduras in Conflict over Maritime Boundary" January 27, 2000. Parker, Franklin. The Central American Republics. New York: Oxford University Press, 1965. Peralta, Manuel Maria de. Limites de Costa Rica con Colombia. Madrid, 1890. Peralta, Manuel Maria de. Historia de la Jurisdicci6n Territorial de Costa Rica, (1502-1880). Madrid: 1891. Rattner, Steven R. "Drawing a better line: uti possidetis and the borders of new states" in American Journal of International Law. Oct 1996. v90, n4. 590-624. Report of the Committee established by the Permanent Council to Investigate the Complaint Filed by the Minister of Foreign Affairs of Costa Rica. C9/res 432 623/85 July 11, 1985. Rodriguez-Beteta, Virgilio. No es Guerra de Hermanos sino de Bananas. Guatemala: Ed. Universitaria, 1969. Rowles, James. El Conflicto Honduras-El Salvador. San Jose: EDUCA, 1980. Sandner, Gerhard and Beate Ratter, "Topographical Problem Areas in the Delimitation of Maritime Boundaries and their Political Relevance: Case Studies from the Western Caribbean" in Ocean and Shoreline Management l 5 1991. Scheman, Ronald. The lnteramerican Dilemma. NY: Praeger, 1988. Sharma, Surya. Delimitation ofLand and Sea Boundaries between neighboring countries. New Dehli: Lancers Books, 1989. Sibaja, Luis Fernando. Nuestros Limites con Nicaragua. San Jose, 1976. Tratado General de Paz entre las Republicas de El Salvador y Honduras, 30 de Octubre 1980. United States. Honduras-Nicaraguan Boundary. Office of the Geographer, Washington DC: US Dept. of State, 1964. #36. 27 Vallejo, Antonio. Limites de Honduras con las Republicas de Guatemala, El Salvador. Tegucigalpa, 1926. Zamora, Augusto. Jntereses Territoriales de Nicaragua: San Andres y Providencia, Cayos, Golfo de Fonseca, Rio San Juan. Managua: Fondo Editorial de lo Juridico. 1 Cline, Howard. "Viceroyalty to Republics, 1786-1952: Historical Notes on the Evolution of Middle American Political Units", in Howard Cline Guide to Ethno Historical Sources Part I. Austin: University of Texas Press, 1971, p. 161. 2 Ratner, Steven R. "Drawing a better line: uti posidetis and the borders of new states. American Journal of International Law: Oct 1996, v.90, n4, 590-624. 3 Colecci6n de Tratados de Guatemala, p. 514. 4 Rodriguez-Beteta, Virgilio. No es Guerra de Hermanos sino de Bananas. Guatemala: Ed. Universitaria, 1969 .p.30. 5 The Boundary dispute between Guatemala and Honduras. Ministry of Foreign Affairs, The Boundary Commission of Guatemala, 1928, p.9. 6 Karnes, Thomas. Tropical Enterprise: The Standard Fruit and Steamship Company in Latin America. Baton Rouge: Louisiana State University Press, 1978, p.178. 7 Rodriguez-Beteta, Virgilio. Op.cit., p. 29. 8 Ireland, Gordon, Op. cit, p. 92. 9 Flores Pinel, Fernando. "Entre la Guerra y la Paz: El Conflicto Honduro-Salvadoreno 1969- 1979" Estudios Centroamericanos, Afio 34, #369-370, Julio-Agosto, 1979, p. 685-685. 10 Rowles, James, El Conflicto Honduras-El Salvador (1969). San Jose: EDUCA, 1980. 28 11 The OAS had installed a mediating committee, Comite de las 7, made up by Argentina, Costa Rica, Dominican Republic, Ecuador, Guatemala, Nicaragua and the U.S. 12 Scheman, Ronald, The Interamerican Dilemma, NY: Praeguer, 1988, p. 87-88. For a political analysis of this conflict see Flores Pinell, Op.cit., and David Mares, "Lessons from the Failure of Central American Conflict Management in the One Hundred Hours War" paper presented at the Conference on the Causes of Interstate Conflicts in Central America, San Jose, Costa Rica, December 1996. 13 Tratado General de Paz entre las Republicas de El Salvador y Honduras, 30 de Octubre de 1980. 14 Herrera Caceres, Roberto, Honduras y El Salvador ante la Corte Internacional de Justicia, Tegucigalpa, CEDOH, 1987, p.49. 15 Alvarez Lejarza, Emilio. Las Constituciones de Nicaragua. Madrid: Ed. Cultura Hispanica, 1958, p. 199. The award declared that the boundary should be drawn along the Coco River to the point of confluence with Poteca River, where it would abandon the Coco River and follow Poteca to Guinea River and then meet already determined lines in Teotecacinete. See Gordon Ireland, p. 136. 16 The Rio Treaty invoked the Tratado Interamericano de Asistencia Reciproca, an security instrument designed to protect Latin American countries against external threats. 17 Scheman, Ronald, op. cit., p. 85. 18 Honduras-Nicaragua Boundary, Office of the Geographer, Washington, DC: US Department of State, 1964, #36, p. 3. 29 19 The Guatemala-Belize dispute was finally solved at the end of 2001, however, this section will analyze the characteristics of this dispute as a contemporary one. 20 "Demarcan frontera entre Nicaragua y Costa Rica", La Prensa Agosto 16, 2000. Managua, Nicaragua. 21 "Honduras-Nicaragua border dispute". Oil and Gas Journal: May 1 2000, v.98, 18, 37. 22 Ireland, Gordon. Boundaries, Possessions and Conflicts in Central and North American and the Caribbean. Cambridge: Harvard University Press, 1941. 23 Belize-Guatemala Relations. Government of Belize. http://www.belize- guatemala.gov. bz/belize position.html. 24 Guatemala News Watch: February 2000. http://www.guetzalnet.com/newswatch/Editionl 5- 2.htm. 2/13/01. 25 Sylvestre, Janine. The Cost of Conflict: The Anglo-Belize/Guatemalan Territorial Issue. 199 5. Unpublished: http://www. belizenet. com/bzeguat.html. 26 Noticen. "Region: Guatemala Presses Belize to Accept International Arbitration of Territorial Dispute." 03109100. http://ladb.unm.edu/prot/search/retrieve.php3 ?ID [0]+24074. 07/26/00. 27 "Belize and Guatemala Advance Dialogue" OAS News, September-October 2000. Washington DC: OAS. 28 Gorina-Ysem, Montserrat. "OAS Mediates in Belize-Guatemala Border." 12/2000. http://www.asil.org/insigh59 .htm 2/16/00. 29 Nicaragua maintains a boundary dispute with Colombia over Roncador and Serrana Cays. After the U.S. ratification in 1981 of a Treaty with Colombia regarding the recognition of these 30 cays as part of Colombia, Nicaragua void a 1928 treaty with Colombia in which it recognized sovereignty of San Andres, Providencia and adjacent cays, except those west of meridian 82. 30 "l ih Parallel Claim" Notimex News Agency, Mexico City January 3, 1996. 31 La Prensa Tegucigalpa Online, December 1, 1999 www.laprensahn.com. 32 La Prensa Tegucigalpa Online, December 1, 1999 www.laprensahn.com. 33 La Prensa Tegucigalpa Online December 17, 1999www.laprensahn.com; "Nicaragua Goes to ICJ" International Court of Justice Press Communique, December 8, 1999. 34 La Prensa Tegucigalpa Online July 21, 2000 www.laprensahn.com. 35 "Honduras and Nicaragua Reach Military Exclusion Agreement" OAS Press Release, (E- 021/00), February 8, 2000 La Prensa Tegucigalpa Online January 20, 2000www.laprensahn.com. 36 La Prensa Tegucigalpa Online February 21, 2000; February 26, 2000 www.laprensahn.com. 37 La Prensa, Tegucigalpa, January 29, 2000 www.laprensahn.com. 38 La Prensa Tegucigalpa Online ''Nicaragua denunciani a Honduras ante Organizaci6n de los Estados Americanos" February 13, 2001. 39 "Cuatro paises entregan inventario de armas como muestra de confianza y distension" Inforpress Centroamericana, 20 de Abril 2001. Guatemala. 40 "Delegado de la Organizaci6n de Estados Americanos ve sefiales de cooperaci6n para superar conflicto de Nicaragua y Honduras" La Nacion, Viernes 27 de Abril, 2001. San Jose, Costa Rica. 41 "Honduras-Nicaragua border dispute" Oil and Gas Journal May 1 2000, v. 98, 18, p.37. 42 Leininger, Allen. "Analisis Geografico-Estrategico de la Zona Limitrofe entre Costa Rica y Nicaragua" Relaciones Internacionales N.11, Heredia: UNA, 2do Trimestre 1985, p. 43. 43 SWB AL/1852 L/6 17, Radio Corporaci6n, Managua 11/18/93. 31 44 SWB AL/2038 L/2 XEW TV Mexico City. 45 La Nacion Digital 7/23/1998 "Nicas Rigidos Con Policias", www.nacion.co.cr. 46 La Nacion Digital 5/8/1998, and 7/23/1998 "Nicas Rigidos Con Policias", www.nacion.co.cr. 47 AFP-Paris, 7/31/98. 48 La Nacion Digital, 7/27/98, 8/03/98 www.nacion.co.cr. 49 Mesoamerica, October 8, 1998 "Dispute Flares Anew" (Steve Mumme). 50 La Nacion Digital, 11/24/2000 www.nacion.co.cr. 51 Zamora, Augusto. Intereses Territoriales de Nicaragua op.cit., p. 227. 52 "Increased Naval Patrols" Television Nacional, Managua, June 13, 1995. 53 La Prensa Tegucigalpa Online July 12, 1997 www.laprensahri.cotrL' · 54 "Confrontation in Gulf of Fonseca" Telesistema Hondurefio Television Network, Tegudigalpa, June 3, 1997. 32