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publics is menaced by such subversive activities the respective governments shall immediately consult, if the state directly interested wishes to request it. It was understood, of course, that each of the American republics, being juridically equal as a sovereign and independent state, shall act in its individual capacity in any steps undertaken in this connection.

It was also agreed that the governments of the American republics shall exchange information concerning any such activities either taking place or threatening to take place within the territory of one or more of the American republics. Should any government obtain information concerning any activities about to take place within the territory of one or more of the other republics the minister of foreign affairs of that government shall at once communicate such information in the strictest confidence to the minister of foreign affairs of such nation or nations.

A resolution (VII: app. 13), dealing with the same general subject, reiterated the recommendation of the Panamá Meeting that the governments take the necessary measures to eradicate from the Americas the spread of doctrines that tend to place in jeopardy the common inter-American democratic ideal and that they take measures to prevent any activities susceptible of jeopardizing American neutrality. It also recommended certain rules with respect to civil strife, internal disturbances, or the spread of subversive ideologies, such as the prevention of the inhabitants of national territory, either nationals or aliens, "from participating in, collecting supplies, crossing the boundary or sailing from their territory for the purpose of starting, or promoting civil strife, internal disturbances, or spreading subversive ideologies in another American country" [sic]. It recommended that every rebel force crossing the boundaries shall be disarmed and interned and that each government shall prevent the equipment or arming for warlike purposes within their jurisdiction of any vessel intended to operate in favor of a rebellion. It likewise recommended that traffic in arms and war matériel, except when intended for the government, shall be forbidden unless the belligerency of the rebels shall have been recognized.

In addition, it recommended (a) effective prohibition of every political activity by foreign individuals, associations, groups, or political parties; (b) rigorous supervision of the entry of foreigners into national territory, particularly in the case of nationals of nonAmerican states; (c) effective police supervision of the activities of foreign non-American groups established in the American states, and (d) creation of an emergency penal system for the effective enforcement of such measures. It also recommended the interchange of information and data either directly or through the Pan American Union concerning the entry, rejection, and expulsion of foreigners.

A resolution (III: app. 9), concerning subversive activities, relates to the coordination of police and judicial measures for the defense of American institutions. This resolution requested the Governing Board of the Pan American Union to convoke an inter-American conference at such time and place as it may determine for the purpose of drafting international conventions and recommendations for an effective defense against acts of an unlawful character, as well as against other unlawful activities affecting institutions of American states. Such a conference shall be composed of a jurist with plenipotentiary powers and experts on police and other matters.

A resolution (V: app. 11) recommended that the governments adopt precautionary measures in issuing passports and the adoption of uniform punitive measures against the use of counterfeit or altered passports or passports of more than one country.

(3) Status of Diplomatic and Consular Establishments

The Meeting took cognizance of the recent practice of certain governments to attach officials to diplomatic and consular establishments who perform functions other than diplomatic or consular. A resolution (II: app. 8) was adopted urging the governments of the American republics to prevent political activities of foreign diplomatic and consular agents within the territory to which they are accredited that may endanger the people and democratic tradition of the Americas. It was pointed out that the American republics adopted at the Sixth International Conference of American States at Habana, on February 20, 1928, a convention on diplomatic officers which contained the principles generally accepted by all nations, including the following:

(a) Foreign diplomatic officers shall not participate in the domestic or foreign politics of the state in which they exercise their functions.

(b) They must exercise their functions without coming into conflict with the laws of the country to which they are accredited. (c) They should not claim immunities which are not essential to the fulfilment of their official duties.

(d) No state shall accredit its diplomatic officers to other states without previous agreement with the latter.

(e) States may decline to accept a diplomatic officer from another, or, having already accepted him, may request his recall without being obliged to state the reasons for such a decision.

(4) Extension of Maritime Sovereignty

The Uruguayan representative of the Minister of Foreign Affairs presented a project in favor of the extension of the maritime sover

eignty of each country to a minimum of 25 miles off their respective coasts. The Meeting decided (resolution VIII, app. 14) that the project, with certain modifications introduced at the Meeting, should be referred to the Committee of Experts for the Codification of International Law and that the opinion of the Inter-American Neutrality Committee at Rio de Janeiro should also be requested.

(5) Hostile Acts in Territorial Waters and Security Zone

Another action taken by the Ministers of Foreign Affairs was a declaration (XIII: app. 19) relating to hostile acts in territorial waters and in the Security Zone. This declaration points out that, without prejudice to the juridical procedure and settlement which shall be given each case, the republics of America condemn any violation of the Security Zone. It also states that it is necessary and opportune for the republics of America to condemn hostilities within the territorial waters of the American republics and to state their intention of demanding respect to the fullest extent.

II. COMMITTEE ON THE PROTECTION OF THE PEACE IN THE WESTERN HEMISPHERE

The Committee on the Preservation of Peace in the Western Hemisphere was composed of the following Ministers of Foreign Affairs or their representatives:

Cordell Hull, United States of America;

Diógenes Escalante, Venezuela;

Mauricio Nabuco, Brazil;

Julio Tobar Donoso, Ecuador;

Arturo Despradel, Dominican Republic;

Tomás A. Salomoni, Paraguay;

Narciso Garay, Panama.

The Secretary of State of the United States of America was elected chairman at the first meeting of the committee, and His Excellency Narciso Garay, Minister of Foreign Affairs of Panama, was designated as reporting delegate.

(1) Convention on the Provisional Administration of European Colonies and Possessions in the Americas

One of the most important and urgent matters which was considered by the Ministers of Foreign Affairs at Habana related to the possible transfer, or attempt to transfer, to another non-American state the sovereignty over possessions in the Western Hemisphere now controlled by European powers. The situation with respect to

such possessions in this hemisphere, which have been controlled by European powers for many years, has for the first time become acute by reason of the fact that the European territory of some of these powers is now under military occupation and there is the danger, therefore, that a change in the sovereignty or control of any of these regions might make them objects of barter or a battleground for the settlement of differences between European nations. There is also the danger that such colonies or possessions might be used as a base for the carrying on of activities of a subversive character in the American republics.

The Ministers of Foreign Affairs recognized this situation as one of the most menacing to the peace and security of the Western Hemisphere. Although there was some difference of opinion as to the best method of achieving the desired result with regard to the island possessions, there was never any difference regarding the main principles involved or the end to be achieved. At no time has any American government had the slightest thought or intention of taking advantage of the European situation for the purpose of acquiring any of such possessions.

Some were of the opinion that, until a transfer or attempted transfer of sovereignty or control had actually taken place, it would be sufficient for the Habana Meeting to make a general declaration reasserting the principle of solidarity and consultation already agreed upon. Others, including the United States, considered it imperative that the Meeting formulate definite methods of procedure to cope with any emergency situation that might arise. They maintained that the situation in Europe made it entirely possible that a transfer of sovereignty might be made overnight, with or without formality, and that activities might be begun momentarily in these regions which would be detrimental to the peace and safety of the Americas.

The spirit of continental unity and solidarity prevailed and the different points of view reconciled, with the result that the Ministers of Foreign Affairs unanimously agreed upon a convention (app. 33) and the Act of Habana (app. 26), consisting of a declaration and a resolution.

The preamble of the convention states that the events which are taking place in Europe may result in the extinguishment or the impairment of the sovereignty which certain European countries exercise over possessions in this hemisphere and thus create a state of danger to the peace of the continent; that the American republics condemn all violence in whatever form and consider that force cannot constitute the basis of rights; that any transfer or attempted transfer

of the sovereignty, jurisdiction, possession, or any interest in or control over a region in this hemisphere to a non-American state would be regarded as contrary to the security and political independence of the American republics and could not be accepted by them; that in cases of the character indicated, as well as any others which might leave the government of such regions without a leader, it will be necessary to establish a provisional administrative regime for such regions; and that the American republics have the right, in order to preserve their unity and security, to take such regions under their administration and to deliberate as to their destinies. There are also the reaffirmation of the principle of non-intervention and disclaimer of any purpose of territorial aggrandizement by any of the American republics.

The convention provides that, if a non-American state shall directly or indirectly attempt to replace another non-American state in the sovereignty or control which it exercises over territory located in the Americas, such territory shall automatically come under the provisions of the convention and shall be submitted to a provisional administrative regime, which shall be exercised, by one or more of the American states, in the interest of the security of the Americas and for the benefit of the region in question, and which shall continue (a) until such time as the region is in a position to govern itself or (b) is restored to its former status. The latter is conditioned on compatibility with the security of the American republics.

The convention also contains provisions in the nature of a bill of rights designed primarily for the benefit of the inhabitants of the regions. They cover such things as freedom of conscience and worship, application of local laws, equality of treatment among the American states in matters pertaining to commerce and industry, open economic relations with other countries on a basis of reciprocity, participation by natives in public administration and in the courts of justice, protection of vested rights, abolition of forced labor, educational facilities, etc.

The convention likewise provides for the establishment of an Inter-American Commission for Territorial Administration composed of a representative of each one of the states ratifying the convention. The Commission is authorized to establish a provisional administration in the regions affected, to determine the number of states which shall exercise the administration, and to supervise the exercise thereof. The expenses incurred in the exercise of the administration of a region shall be defrayed from revenues of the region, and any deficit shall be supplied by the state or states which act as administrators. An annual report shall be submitted to the Inter-American Commission for Territorial Administration, and the

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