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Report of the OAS Secretary General to the 26th Meeting of Consultation of Ministers of Foreign Affairs

In compliance with resolution CP/Res. 979 (1780/10) of the Permanent Council of the Organization of American States (OAS), “Convocation of the Meeting of Consultation of Ministers of Foreign Affairs to Assess the Situation in the Border Area between Costa Rica and Nicaragua,” adopted on November 18, 2010, I would like to inform this Meeting of Consultation of Ministers of Foreign Affairs regarding the implementation of the recommendations set out in Permanent Council resolution CP/Res. 978 (1777/10), “Situation in the Border Area between Costa Rica and Nicaragua,” adopted on November 12 of this year.

The recommendations contained in resolution CP/Res. 978 (1777/10), adopted by the Permanent Council at the suggestion of the Secretary General, were the following:

“1. To welcome and endorse the recommendations by the Secretary General entitled “Report by the Secretary General of the OAS on his visit to Costa Rica and Nicaragua” (CP/doc.4521/10) presented on November 9, 2010, with the objective that the Governments of Costa Rica and Nicaragua adopt the recommendations proposed in that report, namely:

• Hold the Eighth Meeting of the Binational Commission in order to address as a matter of urgency aspects of the bilateral agenda as soon as possible and no later than the date originally agreed, with the assistance of the OAS.

• Immediately resume the talks on aspects concerning the demarcation of the boundary line done to date, in accordance with the treaties and decisions in force.

• In order to create a favorable climate for dialogue between the two nations, avoid the presence of military or security forces in the area, where their existence might rouse tension.

• Instruct the appropriate authorities to review and strengthen cooperation mechanisms between the two nations in order to prevent, control, and confront drug trafficking, organized crime, and arms trafficking in the border area.

2. To invite the parties to initiate simultaneously and without delay the processes referred to in the foregoing paragraph.

3. To request the Secretary General to continue exercising his good offices to facilitate the dialogue between the parties and to keep the Permanent Council informed in this regard.”

The current status of each of the specific recommendations contained in operative paragraph 1 of resolution CP/Res. 978 is as follows:

1. Regarding the Eighth Meeting of the Binational Commission between Costa Rica and Nicaragua

At the start of the conflict, the Binational Commission was scheduled to hold its technical phase on November 26 and its high-level phase on November 27.

In accordance with that schedule, the Foreign Ministry of Costa Rica sent a note to the OAS General Secretariat on November 22 to request the presence of the Organization at that meeting “in the terms set out by the Permanent Council in the aforesaid resolution.” At the same time, the Foreign Ministry of Costa Rica deemed it wise to point out in its note that that meeting would be held “following the withdrawal of the Nicaraguan armed forces and civilian personnel currently occupying Costa Rican territory.”

On November 24, the Foreign Ministry of Nicaragua sent a note to the Foreign Ministry of Costa Rica to “reaffirm our Government’s unshakeable willingness and commitment to hold the meetings planned in the context of the Binational Commission, according to the Agenda to be prepared by both our countries and in accordance with the principle of unconditionality that characterizes meetings of this kind.”

That same day, the Foreign Ministry of Costa Rica sent a note to the Foreign Ministry of Nicaragua stating that “Costa Rica is fully willing for this meeting to be held as scheduled, once Nicaragua has withdrawn the troops it has deployed in Costa Rican territory.” In addition, that same day, the Foreign Ministry sent a note to the OAS Secretary General, indicating that the “holding of the activities under the aegis of the Eighth Meeting of the Binational Commission between Costa Rica and Nicaragua scheduled for Friday, November 26, and Saturday, November 27, 2010, shall be subject to the report to be presented by the OAS technical team for the on-site verification of compliance with the agreements adopted by the Permanent Council of the Organization in resolution CP/Res. 978 of November 12.”

On November 26, statements published in newspapers quoted official Nicaraguan sources as saying that no authority from that country would be attending the bilateral meeting scheduled for that day, as one of the parties still had conditions for dialogue.

In the interests of brevity, I shall omit detailing the successive exchanges of notes and statements from high-level authorities of the two countries dealing with the topic. The key point is that the Eighth Meeting of the Binational Commission planned for November 26 and 27 did not take place. A delegation from the General Secretariat, comprising Ambassador Dante Caputo and specialist Antonio Delgado, was present in Costa Rica on the day set for the meeting in order to verify that fact.

2. Regarding the talks on the demarcation of the boundary line

Since the meeting of the Binational Commission scheduled for November 26 and 27 did not take place, and since there has been no contact whatsoever between the two countries on this point, it is obvious that there has been no progress with the demarcation talks.

3. Regarding the presence of military or security forces in the area, where that presence might rouse tension

On Friday, November 26, Ambassador Dante Caputo, accompanied by specialist Antonio Delgado, flew over the area to report back to the Secretary General on compliance with this point.

The following are the key elements noted by Ambassador Caputo from his observation:

“In the area of the dispute, observations were conducted under good conditions of visibility and in greater detail than on the previous occasion. My impression is that the area where trees have been felled is greater than during the previous observation, tents can be seen in the location, the Nicaraguan flag, and the entrance of the river course in the Río San Juan can be clearly distinguished – better than during our previous flyover. I photographed this entire area and these comments can be checked against the photos. I saw no members of the armed forces on the ground. That does not necessarily mean that there were none. In contrast, the military presence on board the dredger was obvious. It can be clearly seen in one of the photographs.”

Ambassador Caputo’s photographs are attached to this report and were delivered with the following note:

“You can see… the San Juan, the river course that has been opened, the felled trees, the cleared area with tents and clothing out to dry, although no soldiers are to be seen, the dredger with three or four armed men in uniforms.”

In conclusion, everything seems to indicate a Nicaraguan presence still in the area, with certain evidence of a military presence. In addition, the felling of trees and the opening of a river channel in the area can be seen.

4. Regarding the review and strengthening of cooperation mechanisms targeting drug trafficking

There has been no activity between the two parties on this topic.

Other issues

In addition to all the above, it must be noted that on November 18, the Republic of Costa Rica appeared before the International Court of Justice to institute proceedings against Nicaragua “in connection with an alleged incursion into, occupation of, and use by Nicaragua’s Army of Costa Rican territory,” in which it accused that country of violating its obligations toward Costa Rica set out in numerous international treaties and conventions. At the same time, Costa Rica asked the International Court of Justice to indicate provisional measures based on the need to preserve its right to sovereignty, territorial integrity, and noninterference in its rights, and on the conservation of its environmentally protected areas.

On November 30, Nicaragua replied to a later Costa Rica note by stating that its country holds that “the issues raised by the Government of Costa Rica... are subject to the jurisdiction of the International Court of Justice, and so it does not believe it appropriate to offer comments on them outside that venue.” The International Court of Justice has set January 11 to 13, 2011, to hear the parties regarding the request for provisional measures lodged by Costa Rica on November 18, 2010.

Finally, I must make reference to the decision of both countries, at different times in this dispute, to invoke the International Convention on Wetlands – known as the Ramsar Convention – in defending their rights in this matter.

Reference: E-19