Tacna-Arica Question

TACNA-ARICA QUESTION. The war between Chile and Peru, begun in 1879, was terminated by a treaty of peace on Oct. 20, 1883, known as the Treaty of Ancon. Article 3 provided that the Peruvian provinces of Tacna-Arica should be held by Chile for ten years, after which a plebiscite would determine the sovereignty of those provinces. The country winning the provinces would pay to the other Io,000,000 Chilean silver pesos or Peruvian soles; a special protocol would prescribe the manner in which the plebiscite would be carried out. In 1892 negotiations were entered into between Chile and Peru for carrying out the plebiscite, but these and subsequent ones were unsuccessful. In 1922, however, at the invitation of the United States, issued at the suggestion of Chile and Peru, both Governments sent representatives to Wash ington and a protocol of arbitration was drawn up on July 20, 1922, which set forth that the only outstanding questions between the two countries were those relating to the unfulfilled provisions of Article 3 of the Treaty of Ancon, which should be submitted to the United States for arbitration.

Plebiscite Ordered.

In considering whether or not a plebis cite should be held the arbitrator had to determine: (I) whether the parties had acted in good faith in not coming to an agreement regarding the special protocol determining the terms of the plebiscite; (2) whether Chile's administration of the provinces had been such that a free and fair election could be held. The arbi trator decided the first question in the affirmative; and respecting the second, although far from approving the course of Chilean administration or condoning the acts committed against Peruvians, found no reason to conclude from the evidence submitted that a fair plebiscite could not be held under proper conditions.

In order appropriately to supervise and have general control over the plebiscite, the award set up a plebiscitary commission acting by majority vote, consisting of three members, one each appointed by Chile and Peru and the third, who should be president, appointed by the U.S. President. Registration and

election boards were also provided. The arbitrator also reserved the right to entertain an appeal from the acts of the plebiscitary commission, which was to assemble at Arica not later than six months after the rendition of the award, and proceed at once to formulate rules for its own procedure and regulations governing the plebiscite and to fix the time and places for voting. The arbi trator provided that the io,000,000 pesos should be paid: i,000, 000 in To days after the arbitrator's proclamation of the result of the plebiscite, a second L000,000 within the following year and 2,000,000 at the end of each of the subsequent four years. The customs revenues of were assigned as security. The arbi trator decided that the Peruvian provinces of Tacna-Arica as on Oct. 2o, 1883, constituted exclusively the territory in dispute, and that no part of the Peruvian province of Tarata was included therein. Tarata was transferred by Chile to Peru on Sept. 1, 1925, the definite boundary being left for a boundary commission.

Objections of Peru.

On April 2, Peru objected to the finding of the arbitrator for a plebiscite, maintaining that the meaning of the Spanish text of the Treaty of Ancor'. was "upon," "at" or "immediately after" the expiration of the ten years. Peru also requested guarantees for the voting, including immediate evacu ation of the territory by the Chilean civil and military authorities and their replacement by Americans. The arbitrator replied on April 9, pointing out the agreed finality of the award and that the translation complained of was the one submitted by Peru. The problem before him was one of substance, of construction rather than of translation, a problem which had been debated by the parties long before the arbitration gave rise to any question of English translation. As to Americans taking over control of the provinces, the arbitrator found that this request went beyond the scope of his authority.