Office of the Historian

723.2515/1024

Protocol and Supplementary Act Signed at Washington by the Delegates of Peru and Chile July 20, 1922

Washington, July 20, 1922
[Translation]

protocol of arbitration

Assembled at Washington, D. C., pursuant to the invitation of the Government of the United States of America, for the purpose of arriving at a settlement of the long-standing controversy, with respect to the unfulfilled provisions of the Treaty of Peace of October 20, 1883, the Republic of Chile and the Republic of Peru have for that purpose named their respective Plenipotentiaries, that is to say:

  • Don Carlos Aldunate and Don Luis Izquierdo, Envoys Extraordinary and Ministers Plenipotentiary of Chile on Special Mission; and
  • Don Melitón F. Porras and Don Hernán Velarde, Envoys Extraordinary and Ministers Plenipotentiary of Peru on Special Mission; who, after exchanging their respective full powers found to be in good and due form, have agreed upon, and concluded the following articles:
    • Article 1°—It is hereby recorded that the only difficulties arising out of the Treaty of Peace concerning which the two countries have not been able to reach an agreement, are the questions arising out of the unfulfilled provisions of Article 3° of said Treaty.
    • Article 2°—The difficulties referred to in the preceding Article, will be submitted to the arbitration of the President of the United States of America, whose decision shall be final. The Arbitrator shall give both parties opportunity to be heard, and shall take into consideration such arguments, evidence, and documents as may be presented. The Arbitrator shall determine the periods within which the arguments, evidence, and documents shall be presented, and shall determine all questions of procedure.
    • Article 3°—The present Protocol shall be submitted to the approval of the respective Governments, and ratifications exchanged at Washington, D. C, through the intermediary of the Diplomatic [Page 506] Representatives of Chile and Peru, within the maximum period of three months.

In witness whereof, the respective plenipotentiaries have signed the above articles, and have hereunto affixed their seals.

Done in duplicate, at the city of Washington, this twentieth day of July, in the year of our Lord one thousand nine hundred and twenty-two.

  • M. F. Porras
  • Carlos Aldunate
  • Hernán Velarde
  • Luís Izquierdo

supplementary act

In order to determine with precision the scope of the arbitration stipulated in Article 2° of the Protocol signed on this date, the undersigned agree to place on record the following points:

1° The following question, presented by Peru at a session of the Conference held May 27th last, shall be included in the arbitration:

“In order to determine the manner in which the stipulation of Article 3° of the Treaty of Ancon shall be fulfilled, it is agreed that there shall be submitted to arbitration the question whether, in the present circumstances a plebiscite shall or shall not be held.”

The Government of Chile may submit to the arbitrator such arguments in opposition as may be deemed appropriate for the defense of her rights.

2° In the event that the decision is in favor of the holding of a plebiscite, the arbitrator shall have full power to determine the conditions for the holding of such plebiscite.

3° Should the arbitrator decide that a plebiscite shall not be held, both parties agree, upon the request of either of them, to enter into a discussion of the situation created by the decision of the arbitrator.

It is understood, in the interest of peace and good order, that in this event and pending an agreement as to the disposition of the territory, the administrative organization of the provinces shall not be disturbed.

4° In the event that no agreement is reached as a result of the above mentioned discussion, the two governments will request the good offices of the Government of the United States, in order that an agreement may be reached.

5° It is agreed that pending claims relative to Tarata and Chilcaya are also included within the arbitration, in accordance with the final disposition of the territory, as referred to in Article 3° of said Treaty.

This Act forms an integral part of the Protocol to which it refers.

In witness whereof, the respective plenipotentiaries have signed the above articles, and have hereunto affixed their seals.

[Page 507]

Done in duplicate, at the city of Washington, this twentieth day of July, in the year of our Lord one thousand nine hundred and twenty-two.

  • M. F. Porras
  • Hernán Velarde
  • Carlos Aldunate
  • Luís Izquierdo