Atacama Desert border dispute

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The Atacama Desert border dispute between Bolivia and Chile (1825-1879) Atacama Desert Dispute between Bolivia and Chile (1825 - 1879).svg
The Atacama Desert border dispute between Bolivia and Chile (1825-1879)
The Atacama Desert and the Puna in 1830. The Atacama desert and the Puna in 1830's (map with de-facto borders).svg
The Atacama Desert and the Puna in 1830.

The Atacama Desert border dispute was a dispute between Bolivia and Chile from 1825 to 1879 for the territories of the Atacama Coast due to the different views of both countries of the territory inherited from the Spanish Empire. During the dispute, both countries signed Treaties in 1866 and 1874. The dispute occurred prior to the War of the Pacific, which settled the dispute in favor of Chile. Due to the surrender of land by Bolivia, the Puna de Atacama dispute was generated between Chile and Argentina and was settled in 1899.

Contents

Origins

The origins of the dispute came from the borders established in the Spanish empire that just defined the Atacama desert as the northern border of the General Captaincy of Chile. Bolivian and Chilean historians disagree on whether the territory of Charcas, originally part of the Viceroyalty of Peru, later of the Viceroyalty of the Río de la Plata and ultimately of Bolivia, included access to the sea. Supporting their claims with different documents, Bolivians claim that it did while Chileans disagree. When Simón Bolívar established Bolivia as a nation in 1825, he claimed access to the sea, disregarding overlapping claims by Chile, which had gained independence 7 years before.

The border dispute between Bolivia and Chile grew slowly during most of the 19th century over the Atacama corridor, a part of the Atacama Desert which now forms northern Chile. The Atacama Desert is bordered by the Coast Range on the west and the Andes on the east. The geography of the area was a very large factor in determining how the border dispute began. Because of the mountains, the area has rains only 2 to 4 times a century, making it one of the driest places on Earth.

After the independence of Chile (1818) and Bolivia (1825) none of the following governments of both countries cared about defining its borders. National boundaries in the Atacama region had still not been definitely determined when nitrate, silver and copper deposits were discovered in the area. Both Bolivia and Chile established competing claims for the territory. Other countries' interest was drawn due to the importance of nitrates in the production of fertilizer and high explosives; Britain, Spain and the United States had a strategic and economic stake in controlling the resource granting their support to the different parties. Chile's influence grew in the disputed zone as miners, some of them backed by Chilean and foreign companies, started to advance northwards establishing mines and port facilities. Most economic exploitation of the coastal region was being conducted by Chilean companies and British interests, under the aegis of Chile's more robust economy and more stable institutions.

Boundary Treaty of 1866

National borders in the region had not been clearly agreed until 1866; the two countries had negotiated a treaty [1] that established the 24th parallel south as their boundary, and entitled Bolivia and Chile to share in tax revenue on mineral exports out of the territory between the 23rd and 25th parallels.

The War of the Pacific

Borders between Peru, Bolivia, Chile and Argentina before and after the 1879 War of the Pacific. The shaded region now belongs to Chile and Argentina. Pacifico1879.svg
Borders between Peru, Bolivia, Chile and Argentina before and after the 1879 War of the Pacific. The shaded region now belongs to Chile and Argentina.

On 27 November 1873 the Antofagasta Nitrate & Railway Company signed a contract with the Bolivian government that would have authorized it to extract saltpeter duty-free for 25 years.

A second treaty in 1874 superseded the 1866 treaty, entitling Bolivia to collect full tax revenue between the 23rd and 24th parallels, but stipulating that tax rates on Chilean companies could not increase for 25 years. [2]

In February 1878, The Bolivian Congress and a National Constituent Assembly found the contract incomplete because it had not been ratified by Congress as required by the Bolivian Constitution of 1871. Subsequently, the Congress would approve the contract only if the company would pay a 10 cents tax per quintal of mineral extracted. [3] [4] Chile claimed that the border treaty of 1874 did not allow for such a tax hike. The company complained the increased payments were illegal. The company mounted significant pressure and demanded that the Chilean government intervene. [5]

When the Antofagasta Nitrate & Railway Company refused to pay, the Bolivian government under President Hilarión Daza threatened to confiscate its property. Chile responded by sending a warship to the area in December 1878. Bolivia announced the seizure and auction of the company on 14 February 1879. Chile, in turn, threatened that such action would render the border treaty null and void.

In 1873 Peru and Bolivia had signed a secret Treaty of Mutual Defense. In April 1879, shortly after becoming aware of the alliance treaty between Peru and Bolivia, Chile declared war on both countries. Within four years Chile defeated the joint war efforts of Bolivia and Peru. It ultimately led to the Chilean annexation of the Peruvian Tarapacá department and Arica province, as well as the Bolivian department of Litoral, leaving Bolivia as a landlocked country.

Arica port in 2008 Arica port (Jan. 2008).jpg
Arica port in 2008

In 1884, Bolivia signed a truce that gave control to Chile of the entire Bolivian coast, the province of Antofagasta, and its valuable nitrate, copper and other mineral deposits. The two countries signed the Treaty of Peace and Friendship in 1904, which made this arrangement permanent. Chile built a railroad connecting the Bolivian capital of La Paz with the port of Arica and guaranteed freedom of transit for Bolivian commerce through Chilean ports and territory.

Chilean proposal of 1975

Pinochet's proposed corridor Acuerdos de Charana.svg
Pinochet's proposed corridor

In 1975, the Chilean government of Augusto Pinochet made a proposal to Bolivia consisting in a swap of a narrow continuous corridor of Chilean land from the sea to the border between Chile and Bolivia, running parallel to the border between Chile and Peru, making the Lluta River Chile's northern border, in exchange for the same amount of Bolivian territory. [6] [7] The proposal, known as the Charaña Accords, [8] involved former Peruvian land and according to the treaty of Ancón, Chile could not give former Peruvian territories to other nations without Peru's agreement. The dictator of Peru Francisco Morales-Bermúdez was opposed to these changes but proposed to make Arica a territory governed by the three states. Chile responded that it could not accept this complicated shared sovereignty. [7] Since Pinochet was likely aware that the Charaña proposals would fail in the end due to Peruvian opposition, legal and political analysts have suggested that he raised them just as a gesture towards Bolivia. [9] [10]

Recent history

Bolivia still wishes for an Atacama corridor, which Chile rejects. In spite of this conflict, Chile grants unrestricted access to all kinds of Bolivian merchandise through the Atacama. The territories ceded by Bolivia and Peru contain some of world's largest copper deposits. These are mined by Codelco - a state owned mining company which contributes a significant part of the Chilean state's income.

Peru has ceded a small leased territory to Bolivia for sea access called Bolivia Mar, [11] [12] but Bolivia is mostly uninterested in it due to repercussions of Chile being able to assert that Bolivia doesn't need any of their land for sea access. [13]

During the Bolivian Gas War the dispute rose again as most Bolivians, including Evo Morales (who would go on to become president), opposed the future export of Bolivian gas through Chilean territory, which the government and foreign companies wanted. In 2004, the anniversary of the 1904 treaty, Bolivian claims were reignited, and the words gas-for-sea became the slogan of those who opposed exportation. The dispute became evident when the Bolivian president Carlos Mesa engaged in a public spat with the Chilean president Ricardo Lagos at the Organization of American States. Mesa, who was under pressure to speak out on Bolivia's aspirations, put the topic before all the presidents of the Americas. The Chilean president reacted by mentioning Bolivia's refusal to have diplomatic relations with Chile, and with this in mind he offered diplomatic relationships between the two countries here and now. [14] The offer was hastily declined by Mesa who was not actually seeking an offer but intended to attract international interest to the situation.

Bolivian president Evo Morales decided to break off all dialogue with Chile on the maritime issue, opting instead to pursue the issue in litigation in international courts. He thus broke an OAS resolution in 2012 wherein the majority of member states encouraged Bolivia to pursue the issue via bilateral dialogue with Chile. Chilean president Sebastian Piñera pleaded with Evo Morales to continue with the dialogue but to no avail. The Bolivian government followed through with its determination to file a case with the International Court of Justice on 24 April 2013. Surprisingly, the case did not challenge the border treaties signed by both countries which Evo Morales has always been against. The basis of the case stemmed from two bilateral negotiations in the 1970s and 1950s where a sovereign route to the Pacific was allegedly promised by Chile but never eventuated. Bolivia argues "the rights of expectations" for their case which is a commercial law term that had never been used in the ICJ. [15] In October 2018, the International Court of Justice issued a final and binding decision that Chile was not obliged to negotiate granting Bolivia sea access. [16] [17]

In March 2021, Bolivian president Luis Arce, on occasion of Día del Mar, said that the dispute is "open and pending" issue between the two countries and offered a nine-point plan to establish diplomatic negotiations with Chile to solve the dispute. [18] The Chilean government responded that it was willing to establish dialogue but that the issue had already been settled by the International Court of Justice. [19] During the 2021 Chilean presidential campaign, communist candidate Daniel Jadue argued in favor of a "mutually beneficial" agreement with Bolivia, in which territory would be ceded in exchange for Chile acquiring some gas and water rights. [20] Jadue has clarified that he would only support such an arrangement were it to receive a democratic mandate through a plebiscite. [21]

See also

Related Research Articles

<span class="mw-page-title-main">Antofagasta Region</span> Region of Chile

The Antofagasta Region is one of Chile's sixteen first-order administrative divisions. The second-largest region of Chile in area, it comprises three provinces, Antofagasta, El Loa and Tocopilla. It is bordered to the north by Tarapacá, by Atacama to the south, and to the east by Bolivia and Argentina. The region's capital is the port city of Antofagasta; another one of its important cities is Calama. The region's main economic activity is copper mining in its giant inland porphyry copper systems.

<span class="mw-page-title-main">War of the Pacific</span> Territorial conflict between Chile and allied Peru and Bolivia (1879–83)

The War of the Pacific, also known as the Nitrate War and by multiple other names, was a war between Chile and a Bolivian–Peruvian alliance from 1879 to 1884. Fought over Chilean claims on coastal Bolivian territory in the Atacama Desert, the war ended with victory for Chile, which gained a significant amount of resource-rich territory from Peru and Bolivia.

<span class="mw-page-title-main">Antofagasta</span> City and Commune in Chile

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<span class="mw-page-title-main">Treaty of Ancón</span> 1883 territorial settlement between Chile and Peru

The Treaty of Ancón was a peace treaty signed by Chile and Peru on 20 October 1883, in Ancón, near Lima. It was intended to settle the two nations' remaining territorial differences at the conclusion of their involvement in the War of the Pacific and to stabilise post-bellum relations between them.

<span class="mw-page-title-main">Antofagasta Province</span> Province in Antofagasta, Chile

Antofagasta Province is one of three provinces in the northern Chilean region of Antofagasta (II). The capital is the port city of Antofagasta. Located within the Atacama Desert, it borders the El Loa and Tocopilla provinces to the north, the Pacific Ocean to the West and the Atacama Region to the south.

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<span class="mw-page-title-main">Chile–Peru relations</span> Bilateral relations

Chilean-Peruvian relations are the historical and current bilateral relations between the adjoining South American countries of the Republic of Chile and the Republic of Peru. Peru and Chile have shared diplomatic relations since at least the time of the Inca Empire in the 15th century. Under the Viceroyalty of Peru, Chile and Peru had connections using their modern names for the first time. Chile aided in the Peruvian War of Independence by providing troops and naval support.

<span class="mw-page-title-main">Bolivia–Chile relations</span> Bilateral relations

International relations between the Republic of Chile and the Plurinational State of Bolivia have been strained ever since independence in the early 19th century because of the Atacama border dispute. Relations soured even more after Bolivia lost its coast to Chile during the War of the Pacific and became a landlocked country. Chile and Bolivia have maintained only consular relations since 1978, when territorial negotiations failed and Bolivia decided to sever diplomatic relations with Chile. However, in spite of straining relationship, Chile and Bolivia still have economic treaties supporting tourism and cooperation; therefore, trading between two nations is not affected by the territorial dispute.

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The Puna de Atacama dispute, sometimes referred to as Puna de Atacama Lawsuit, was a border dispute involving Argentina, Chile and Bolivia in the 19th century over the arid high plateau of Puna de Atacama located about 4500 meters above the sea around the current borders of the three countries.

<span class="mw-page-title-main">Boundary Treaty of 1881 between Chile and Argentina</span> Territorial settlement

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<span class="mw-page-title-main">Boundary Treaty of 1866 between Chile and Bolivia</span> 1866 treaty between Chile and Bolivia

The Boundary Treaty of 1866 between Chile and Bolivia, also called the Mutual Benefits Treaty, was signed in Santiago de Chile on August 10, 1866, by the Chilean Foreign Affairs Minister Alvaro Covarrubias and the Bolivian Plenipotentiary in Santiago Juan R. Muñoz Cabrera. It drew, for the first time, the border between both countries at the 24° South parallel from the Pacific Ocean to the eastern border of Chile and defined a zone of bipartite tax collection, the "Mutual Benefits zone", and tax preferences for articles from Bolivia and Chile.

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<span class="mw-page-title-main">Charaña Accords</span> Unrealized 1975 treaty

The Charaña Accord, also known as the Hug of Charaña or the Act of Charaña, is the name given to an unrealized treaty that was discussed between the dictators of Bolivia and Chile, Hugo Banzer and Augusto Pinochet respectively. These discussions took place mostly on the Bolivian train station of Charaña on February 8, 1975, and included the brief reestablishment of diplomatic relations between the two nations which had been severed on 1962 because of the Atacama border dispute which was to be solved via a Chilean proposal for the exchange of territories between Bolivia and Chile, with the former receiving a corridor to the Pacific Ocean which would provide it with access to the sea and Chile receiving an equivalent amount of territory from Bolivia along its border with Chile.

<span class="mw-page-title-main">Chilean–Peruvian territorial dispute</span>

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References

  1. ↑ "Tratados suscritos entre Bolivia y Chile - Wikisource". es.wikisource.org.
  2. ↑ "Tratado de límites de 1874 entre Bolivia y Chile - Wikisource". es.wikisource.org.
  3. ↑ [ permanent dead link ] Retrospectiva del enclaustramiento maritimo. Una vision critica sobre como se inicio el conflicto. Jorge Gumucio. La Paz, Bolivia
  4. ↑ Valdivieso, Patricio (June 2004). "Relaciones Chile-Bolivia-Peru: La Guerra del Pacifico" (PDF). Pontificia Universidad Catolica de Chile. Archived from the original (PDF) on 18 November 2006. Retrieved 31 January 2007.
  5. ↑ Los empresarios, la politica y la Guerra del Pacifico. Luis Ortega. Santiago de Chile. 1984. (Page 18. File Antony Gibbs & Sons AGA. Valparaíso to Londres. Private N 25. 6 March 1878)
  6. ↑ Diario La Tercera. "Abrazo de Charaña" (in Spanish). Archived from the original on 23 March 2008. Retrieved 12 March 2008. Chile y Bolivia restablecen relaciones diplomáticas, después de trece años
  7. 1 2 "Evo Morales: Chile offered Bolivia sea access in 1975". BBC News. 29 October 2017. Retrieved 31 October 2017.
  8. ↑ González Vega, Javier A. (15 July 2019). Pons, Marcial; Cardona Lloréns, Jorga; Abad Castelos, Montserrat; Cebrián, María Asunción; Gabriel, Guillem; Guinea, Mercedes; Movilla, Laura; Sánchez, Antonio; Sánchez Frías, Alejandro (eds.). "En busca del esquivo mar: La controversia Bolivia-Chile ante la Corte Internacional de Justicia" (PDF). Revista Española de Derecho Internacional (REDI) (in Spanish). 71 (2). Madrid, España: Asociación de Profesores de Derecho internacional y Relaciones Internacionales (Association of Professors of International Law and International Relations): 75–99. doi:10.17103/redi.71.2.2019.1.03. hdl: 10651/56908 . ISSN   0034-9380. S2CID   211320377.
  9. ↑ Wehner, Leslie (1 May 2010). Hoffmann, Bert; Nelson, Melissa; Bücke, Silvia (eds.). From Rivalry to Mutual Trust: The Othering Process between Bolivia and Chile (PDF). GIGA Research Programme: "Power, Norms and Governance in International Relations" (GIGA Institute of Latin American Studies) (Report). Hamburg, Germany: German Institute of Global and Area Studies (GIGA). Retrieved 7 July 2021– via JSTOR.
  10. ↑ López Scarcena, SebaStián (1 December 2020). Paúl D., Álvaro; García-Huidobro Becerra, Cristóbal; Alcalde Rodríguez, Enrique; Andrea, Valenzuela Niemann; Gómez Álvarez, María José (eds.). "El asunto de la obligación de negociar un acceso al Océano Pacífico. Comentario de la sentencia de la Corte Internacional de Justicia, de fecha 1 de octubre de 2018". Revista Chilena de Derecho (in Spanish and English). 47 (3). Santiago de Chile, Chile: Pontificia Universidad Católica de Chile: 925–951. doi: 10.7764/r.473.17 . ISSN   0718-3437. S2CID   234206590. Archived from the original (PDF) on 27 February 2021. Retrieved 7 July 2021.
  11. ↑ "Bolivia Mar, la playa que Perú le cedió a Bolivia y que lleva 26 años en abandono". BBC News Mundo (in Spanish). 26 March 2018. Retrieved 22 April 2024.
  12. ↑ Clarín, Redacción (2 October 2018). "La playa boliviana existe: el desolado enclave de boliviamar". Clarín (in Spanish). Retrieved 22 April 2024.
  13. ↑ News Mundo, BBC (28 January 2022). "Bolivia Mar, la playa que Perú le cedió a Bolivia en 1992 y que está en abandono". El Comercio (in Spanish). ISSN   1605-3052 . Retrieved 22 April 2024.
  14. ↑ Radio Cooperativa (13 January 2004). "Lagos ofreció a Bolivia reanudar relaciones diplomáticas" (in Spanish). Archived from the original on 24 July 2012. Retrieved 12 March 2008. Lagos ofreció a Bolivia reanudar relaciones diplomáticas
  15. ↑ "18 June 2013 OBLIGATION TO NEGOTIATE ACCESS TO THE PACIFIC OCEAN (BOLIVIA v. CHILE)" (PDF). International Court of Justice. Archived from the original (PDF) on 27 December 2013. Retrieved 4 September 2013.
  16. ↑ "Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)" . Retrieved 1 October 2018.
  17. ↑ "UN court rejects Bolivia's bid for sea access via Chile". Telegraph Media Group Limited 2018. Agence France-Presse. 1 October 2018. Retrieved 1 October 2018.
  18. ↑ "Bolivia says that its maritime claim is an "open and pending" issue". Hola News (in Spanish). 23 March 2021. Archived from the original on 12 November 2021. Retrieved 24 March 2021.
  19. ↑ "Bolivia and Chile agree to reestablish dialogue, Blanco trusts that "it will start very soon."". La Razón (in Spanish). 23 March 2021. Retrieved 24 March 2021.
  20. ↑ "Jadue apoya salida al mar para Bolivia con "una contraprestación que sea mutuamente beneficiosa"" [Jadue supports sea exit for Bolivia with "a mutually beneficial consideration"]. CNN Chile (in Spanish). Retrieved 5 July 2021.
  21. ↑ "Alcalde chileno plantea plebiscito para resolver tema marítimo con Bolivia" [Chilean mayor proposes plebiscite to resolve maritime issue with Bolivia]. Erbol (in Spanish). 3 September 2020. Retrieved 5 July 2021.
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