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PROVISIONAL ADMINISTRATION OF EUROPE COLONIAS AND POSESIONS IN AMERICA
The second meeting of consultation between the Ministers of Foreign Affairs of the American Republics.
Considering: 1. That the "status" of the territories of this continent belonging to European powers is a matter of deep concern for all the governments of the American republics;
2. That, as a result of the current European war, the conquest, repudiated in international relations, of the American republics, can be attempted, thus endangering the essence and modality of the institutions of America;
3. That the doctrine of inter-American solidarity agreed upon at the meetings of Lima and Panama requires the political adoption of vigilance and defence so that systems or regimes in disagreement with their institutions do not hinder the peaceful life of the republics of America, the normal practice of their institutions, the empire of order and law.
4.o - That the course of military events in Europe and the changes resulting from them can create the serious threat that any European territorial possessions in America will become strategic centers for aggression against nations of the American continent.
He therefore declares:
When the American islands or regions, currently under the possession of non-American nations, are in danger of being constituted in matters of bartering of territories or changes of sovereignty, the American republics may, taking into account the imperative needs of the security of the continent and the opinion of the inhabitants of those islands or regions, establish a provisional administration regime, under the following reservations:
(a) That, as soon as the reasons for such a measure cease to exist, and if this is not detrimental to the security of the American republics, the territories shall, in accordance with the principle that the present declaration reaffirms, that the peoples of this continent have the right to freely dispose of their own destiny, or to be organized as autonomous States if they appear to be able to constitute and maintain themselves in that condition, or seem to be restored,
(b) That the regions to which the present is concerned shall be temporarily placed under the provisional administration of the American republics and this administration shall be exercised with the dual purpose of contributing to the security and defence of the continent and to the economic, political and social progress of those regions; and resolves:
Create an emergency committee composed of a representative by each of the American republics, and which will be considered constituted since the two thirds of its members are appointed, and the governments of those republics must designate them within the shortest time.
This committee will meet at the request of any of the signatories to this resolution.
If, before the convention agreed at the present consultation meeting, it is necessary as an urgent measure of emergency, to apply its provisions in order to safeguard the peace of the continent, taking into account the views of the inhabitants of any of the above-mentioned regions, the committee shall assume the administration of the affected or threatened region acting in accordance with the provisions of the convention. As soon as this convention enters into force, the authority and functions exercised by the committee will be transferred to the Inter-American Commission on Territorial Administration.
If the need for emergency action is so urgent that it does not make it possible to wait for the action of the committee, either of the American republics, individually or in conjunction with others, will have the right to act in the manner required by their defence or that of the continent.
If this situation arises, the republic or the acting republics shall immediately submit the matter to the Committee ' s knowledge so that it may consider the proceedings and take appropriate measures.
None of the provisions covered by this record relates to territories or possessions that are matters of dispute or claim between European powers and some of the republics of America.
Reserving the Argentine delegation: "The delegate of the Argentine Republic, by subscribing this record, records that it does not refer to or understand the Malvinas Islands, because they do not constitute colony or possession of any European nation, for being part of the Argentine territory and being included in its domain and sovereignty, as it was emphasized at the meeting of Panama, whose declaration is reproduced in all its contents, and also with regard to this deliberations of Argentina. It also states that the signing of this record and resolution does not affect and leave intact the powers of the government established in the constitutional rules governing Argentina, on the procedures applicable for this record and resolution to become binding, force and force."
It is a faithful copy of the relevant part of the final record of the second meeting of consultation between the Ministers of Foreign Affairs of the American Republics, signed in Havana by the delegates of the governments to that meeting, on the thirty-seventh day of July, one hundred and forty. (Signed): Roberto Gache, Under-Secretary for Foreign Affairs.
The governments represented at the second meeting of consultation between the Ministers for Foreign Affairs of the American Republics.
Considering: First. - That the republics of America have formulated at the second meeting of consultation the record of Havana, concerning the fate of the colonies of non-American countries located on this continent, as well as the provisional administration of them.
Second. - That as a result of the events that take place on the European continent, it may occur in the territories of possessions that some of the nations in belligerent have in America, situations in which that sovereignty is extinguished or essentially affected, or the acephary in the government, generating a danger to the peace of the continent and creating a state in which the rule of law disappears order and respect for life, property and the inhabitants.
Third. - That the American republics consider that force cannot constitute the basis of rights and condemn all violence well in the form of conquest, of stipulations that are imposed by the belligerents in the terms of a treaty or any other procedure.
Fourth. - That the American republics would consider any transfer or attempt to transfer sovereignty, jurisdiction, possession, or any interest or control in any of those possessions to another non-American State as contrary to American sentiments and principles and the rights of American States and the rights of American States to maintain their security and political independence.
Fifth. - That the American republics would not recognize or accept such a transfer or attempt to transfer or acquire interest or right, directly or indirectly, in any of these regions, whatever form used to do so.
Sixth. - That under a principle of international American law, recognized at various conferences, the acquisition of territories by force cannot be permitted.
Seventh. - That the American republics reserve the right to judge, by their respective organs of government, whether any transfer or attempt to transfer sovereignty, jurisdiction, assignment or incorporation of geographical regions in the Americas possessed by European countries until September 1 of a thousand nine hundred thirty-nine, may impair the political independence of such republics even if no formal transfer or change has taken place in the "status" of that region or those regions.
Eighth. - That therefore, it is necessary to establish for the foreseen cases and for any other that produces acephalysis of government of those regions, a provisional regime of administration as long as it becomes definitive for the self-determination of the peoples.
Ninth. - That the American republics, as an international community that acts entirely and strongly relying on political and legal principles that have been applied for more than a century, have the incontestable right, to preserve their unity and security, to take such regions under their administration and to deliberate on their destiny in accordance with their respective degrees of political and economic development.
Tenth. - That the provisional and transitional nature of the agreed measures does not matter an oblivion or abrogation of the principle of non-regulatory intervention of inter-American life, a principle proclaimed by the American Institute, recognized by the Board of Jurisconsultations held in Rio de Janeiro, and enshrined in its full scope at the Seventh Pan-American International Conference held in Montevideo.
Eleventh. - That this community has therefore international legal capacity to act in such a way.
Tenth. That in this case, the most appropriate regime is that of provisional administration; and that this system does not pose any danger, because the republics have no purpose of territorial enlargement.
Thirteenth. - That the regulation of an interim regime in this Convention and in the Havana Act on the Provisional Administration of Colonies and European Positions in America does not suppress or alter the system of consultation agreed in Buenos Aires, confirmed in Lima and executed in Panama and in Havana.
Fourteenth. - Wishing to protect their peace and security, and to promote the interests of any of the regions to which the present relates, which will be understood within the previous considerations: they have decided to conclude the following convention:
I. If a non-American State tries, directly or indirectly, to replace another non-American State with the sovereignty or control that it exercised over any territory located in America, thus threatening the peace of the continent, that territory will automatically fall within the provisions of this convention, and will be subject to a provisional administration regime.
II. The administration shall be exercised as deemed advisable in each case, by one or more American States, through their prior consent.
III. When the administration is established on a region, it will be exercised in the interest of the security of America and for the benefit of the managed region, propending on its well-being and development, until the region is in a position to govern itself or return to its previous situation, when the latter is compatible with the security of the American republics.
IV. The administration of the territory shall be exercised under conditions that guarantee freedom of conscience and worship with regulations that require the maintenance of public order and good customs.
V. The administration shall apply local laws by coordinating them for the purposes of this convention, but may also adopt such determinations as may be necessary to resolve situations where such laws do not exist.
VI. In all matters concerning trade and industry, American nations will enjoy the same situation and the same benefits and the administrator will never be able to create a privileged status for himself or his nationals or for specific States. Freedom of economic relations will be maintained with all countries on the basis of reciprocity.
VII. Naturals in the region shall have participation, as citizens, in the public administration and in the courts of justice without other status than suitability.
VIII. The rights of any kind shall, as soon as possible, be governed by local laws and customs, the rights acquired under such laws shall be protected.
IX. Compulsory work will be abolished in regions where it exists.
X. The administration will provide the means to disseminate education on all orders with the dual purpose of fostering the wealth of the region and improving the living conditions of the population, especially with regard to public and individual hygiene and preparation for the exercise of political autonomy in the shortest term.
XI. The naturals of a region under administration will have their own organic letter, which the administration will establish by consulting the people in the manner possible.
XII. The administration will submit an annual report to the inter-American body, responsible for the control of the administered regions on how it has been carried out, accompanying the accounts and measures taken during the year in the same region.
XIII. The agency referred to in the preceding article shall have jurisdiction for the knowledge of requests transmitted by the administration by the inhabitants of the region with reference to the exercise of the interim administration. The administration shall, together with these requests, submit any comments it deems appropriate.
XIV. The first administration shall be granted for a period of three years, to the termination of which, if necessary, shall be renewed for successive periods not exceeding 10 years.
XV. The costs incurred in the exercise of the administration shall be covered by the incomes of the managed region, but in the event that they are insufficient, the deficit shall be covered by the administering State or States.
XVI. It is established a commission that will be called "Inter-American Commission on Territorial Administration" and will be composed of a representative by each of the States that ratify this convention, and that it will be the international body to which it refers. Once this convention enters into force, any country ratifying it may convene the first meeting proposing the city to be held. The commission will elect its president, complete its organization and set its final headquarters. Two thirds of the members of the commission shall constitute a quorum and two thirds of the members present may adopt agreements.
XVII. The commission is authorized to establish the interim administration on the regions covered by this convention; to grant such administration to exercise the number of States to determine, as appropriate, and to monitor its exercise in the terms of the preceding articles.
XVIII. None of the provisions covered by this convention relate to territories or possessions that are litigation or claim between European powers and some of the republics of America.
XIX. This convention is open in Havana, for the signature of the American republics, and will be ratified by the high contracting parties in accordance with their constitutional procedures. The Secretary of State of the Republic of Cuba will transmit certified authentic copies to the various Governments as soon as possible in order to obtain ratification. The instrument of ratification shall be deposited in the archives of the Pan American Union of Washington, which shall notify the signatory governments of the deposit; such notification shall be regarded as a redemption of ratifications.
This convention shall enter into force when two thirds of the American republics have deposited their respective instruments of ratification.
In faith of which, the undersigned plenipotentiaries, after having deposited their full powers, which have been found in good form, sign and seal this convention on behalf of their respective governments on the dates indicated next to their signatures.
Reservation of the delegation of Chile
1. The delegation of Chile, convinced of the need to achieve practically continental solidarity, approves the agreements, clarifying that Chile will only acquire commitments and responsibilities when the agreements are ratified by its constitutional bodies.
Reservation of the Argentine delegation
2. - The delegate of the Argentine Republic, in signing this record, notes that it does not refer to or understand the Malvinas Islands, because they do not constitute a colony or possession of any European nation to make part of the Argentine territory and to be understood in its dominion and sovereignty, as it was emphasized in the meeting of Panama, whose declaration is reproduced in all its contents and also in relation to other Argentinean southern regions, as it has made present in the deliberations of Panama. It also states that the signing of the present record and resolution does not affect and leave intact the powers of the government established in the constitutional rules governing Argentina, on the procedures applicable for this record and resolution to become binding, force and force.
Reservation of the delegation of Colombia
3. - I vote positively with the indication that I will sign the convention, subject to the approval of my government and the constitutional norms of my country.
Reservation of the delegation of Venezuela
4. The Venezuelan delegation signed on the understanding that the convention on colonial possessions was subject to ratification by the public authorities of the Nation, in accordance with its constitutional provisions.
Additional reserve of the delegation of Chile
5. - The delegation of Chile, at the time of the signing of this convention, in addition to the reservation expressed at the plenary meeting, closed yesterday, reserves the rights of Chile in Antarctica.
Honduras: Silverio Lainez;
Haiti: León Laleau;
Costa Rica: Luis Anderson Morúa;
Mexico: Eduardo Suárez;
Argentina: With the clarification and reservation made in the record. Leopoldo Melo.
Uruguay: Pedro Manini Rios;
Ecuador: Julio Tobar Donoso;
Bolivia: Enrique Finot;
Chile: Oscar Schnake;
Brazil: Mauritius Nabuco;
Cuba: Miguel Angel Campa;
Paraguay: Tomás A. Salomoni;
Panama: Narcissus Garay;
Colombia: Luis López de Mesa;
Venezuela: Diogenes Escalante;
El Salvador: Héctor Escobar Serrano;
Dominican Republic: Emilio García Godoy.
Peru: Lino Cornejo;
Nicaragua: Mariano Argüello;
Guatemala: Carlos Salazar;
United States of America: Cordell Hull;
I, Miguel Angel Campa and Caraveda, Secretary of State of the Republic of Cuba.
Certifico: That the present is a faithful copy of the original text of the Convention on the Provisional Administration of Colonies and European Positions in America, subscribed to in Havana by the Ministers of Foreign Affairs of the American Republics or their personal representatives, on the thirty of July thousand nine hundred forty, at the closing session of the second meeting of consultation between those Ministers. To notify the government of the Argentine Republic of this certification in the city of Havana, on the thirty days of the month of August, a thousand nine hundred and forty. (Fdo): Miguel Angel Campa.
It's a faithful copy. (Signed): Roberto Gache, Assistant Secretary for Foreign Affairs.