At the time of signing the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2, the undersigned delegates take note of the following statements forming part of the Final Acts of the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro, 1981:
No. 1
For the Bahamas:
The Delegation of the Bahamas reserves the right of its Government to take such action as it may consider necessary to protect its interests should any Member fail to observe the provisions of the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2, or its Annexes, or the Protocol(s) attached thereto, or should reservations by other countries jeopardize Bahamian broadcasting services.
No. 2
For the Argentine Republic:
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A.
The Argentine Republic, exercising its sovereign right over the Malvinas Islands, the South Georgia Islands, the South Sandwich Islands and the Argentine Antarctic, located between 25° and 74° West and South of 60° South, states that:
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1.
Its Government does not recognize frequency assignments which other administrations may make in the above-mentioned territories, irrespective of the band and service;
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2.
This statement shall apply particularly to the band between 535 kHz and 1605 kHz allocated to the broadcasting service under Article 5 of the Radio Regulations and for which a plan had been drawn up at this Regional Administrative Broadcasting Conference;
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3.
Furthermore, the Argentine delegation reserves its Government's right to take the steps it considers appropriate to ensure the satisfactory development of its broadcasting services in the territories referred to above, should the interests of its country be affected by the decisions of this Conference;
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4.
The said territories of the Malvinas Islands, the South Georgia Islands and the South Sandwich Islands, which come under the jurisdiction of the National Territory of Tierra del Fuego, the Antarctic and the Islands of the South Atlantic, were occupied by the United Kingdom of Great Britain and Northern Ireland by an act of force, resulting in an illegal situation which has never been accepted by the Argentine Republic;
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5.
Moreover, the illegality of the occupation of the Malvinas Islands, the South Georgia Islands and the South Sandwich Islands by the United Kingdom has been recognized by the United Nations in General Assembly Resolutions 2065 (XX), 3160 (XXVIII) and 3149 calling for the speeding up of negotiations between the two governments with a view to bringing the colonial situation to an end.
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B.
The Argentine delegation reserves its Government's right to take any steps it considers necessary to provide and protect its broadcasting services should its interests be affected by the decisions of this Conference, particularly in the event of a Contracting Member notifying an assignment in excess of the interference values resulting from the application of the technical standards of the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2.
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C.
The Argentine delegation also reserves its Government's right to take any steps it considers appropriate to ensure the provision of its broadcasting services, should any reservations entered by other countries to the Final Acts jeopardize or restrict their satisfactory operation.
No. 3
For Chile:
The Delegation of the Republic of Chile, considering that its country exercises sovereign rights over the Antarctic territory between 53° and 90° West, in virtue of Supreme Decree No. 1747 of 6 November 1940, states that it does not recognize any frequency assignments made in the name of any other State(s) within that Antarctic territory. The Republic of Chile reserves the right to make use of the radio frequencies which may be assigned under the above-mentioned conditions.
No. 4
For the Bahamas and Canada:
Canada and the Bahamas, parties to the North American Regional Broadcasting Agreement and participating in the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro (Brazil), in accordance with the provisions of the International Telecommunication Convention (Malaga-Torremolinos, 1973), express, in signing the Final Acts of this Conference, their firm intention to approve the Regional Agreement adopted by the Conference and to take immediate steps to denounce the North American Regional Broadcasting Agreement under the notification procedure specified in Article I, 3 of the latter Agreement.
In its capacity as depository of the North American Regional Broadcasting Agreement, the Government of Canada will inform without delay the other Governments parties to the said Agreement and the Secretary-General of the International Telecommunication Union of the notifications received under the above-mentioned paragraph.
No. 5
For the Republic of Colombia:
The delegation of the Republic of Colombia reserves the right of its Government to take such steps as it considers necessary to safeguard its interests should any country fail to comply with the terms of the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2 reached at this Conference, or should reservations entered by other countries jeopardize those broadcasting services in the territories over which the Republic of Colombia exercises full sovereignty.
No. 6
For Nicaragua:
In signing the Final Acts of the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro, 1981, the delegation of Nicaragua states that:
It does not accept the definition in Document No. 150 whereby the delegation of Colombia laid claim to sovereignty over the Islands of San Andres and Providencia by expressly requesting their inclusion in noise zone 2; accordingly, it reserves the right to adopt such measures as it may deem appropriate, in virtue of the declaration by the Government of National Reconstruction in Decree No. 324 of 4 February 1980, under which the Government assumes responsibility for recovering, maintaining and defending Nicaragua's national sovereignty and territorial integrity as the inalienable right of all free nations.
Circumstances of history have prevented the people of Nicaragua from properly defending its national integrity, including its territorial waters and continental shelf. Such lack of sovereignty was demonstrated by the imposition on Nicaragua of two treaties which were absolutely contrary to its national interest, namely, the Treaty of Chamorro Bryan of 5 August 1914 and the Treaty of Barcenas-Meneses-Ezguerra, which Nicaragua was forced to sign in 1928 prior to ratification in 1930. Both treaties were imposed under the total political and military occupation of Nicaragua by the United States of America.
Besides being detrimental to the interests of Nicaragua, the BarcenasMeneses-Ezguerra Treaty implies the occupation of much of its island territory, such as the Islands of San Andres and Providencia and the surrounding keys.
Although much time has passed since the signing of the BarcenasMeneses-Ezguerra Treaty, the fact remains that until 19 July 1979, Nicaragua had not recovered its national sovereignty and, prior to the victory of its people, had been unable to defend its island, marine and submarine territory.
The Administration of Nicaragua cannot but seize this opportunity to let the sister people and Government of Colombia know that this reservation is not intended as a slight to a country which we have have always loved and respected and whose people were splendidly at one with our country in its struggle for national liberation.
Our intention is to let both the people and the Government of Colombia know that Nicaragua lays claim not to territories which lie within Colombia's continental shelf or within 100-200 miles of its mainland territory, but to areas which geographically, historically and legally form an integral part of Nicaragua's national territory.
The way is therefore clear for dialogue between our two countries, since we believe that a more thorough knowledge of the historical situations which both Colombia and Nigaragua have inherited will make the sister nation of Colombia see the justice of our position; for it is a historical fact that Nicaragua was dispossessed of these territories in a manner both abusive and in all respects contrary not only to the principles of international law but also to the principles which have always governed relations between the countries of Latin America.
Unfortunately, the amendment proposed by the Colombian Administration does not seem to be in keeping with the spirit demonstrated by our country in the paragraph transcribed above.
No. 7
For Ecuador:
The delegation of Ecuador to the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro, 1981 reserves the right of its Government to adopt such measures as it deems appropriate should any decisions taken by this Conference affect its broadcasting services and particularly its stations already in operation.
It further reserves the right of its Government not to accept any decision of this Conference which might affect the exercise of its sovereign rights or any reservation entered by other countries if they are detrimental to the national interests of Ecuador.
No. 8
For Grenada:
The delegation of Grenada reserves the right of its Government to take whatever measures it sees fit to safeguard its national broadcasting coverage should other countries fail to observe the technical provisions adopted by the Conference as the means of minimizing interference, or should other countries act in such a manner as to jeopardize Grenada's broadcasting services.
No. 9
For the Republic of Panama:
The delegation of Panama states that, should the interests of its country be affected by the decisions of this Conference, the Republic of Panama reserves the right to take any steps it considers necessary, as a sovereign country throughout the whole of its territory, to ensure the satisfactory development of its national radiocommunication services.
No. 10
For Guyana:
whereas
the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro, 1981, does not recognize the specific needs of countries which lack sufficient alternative means in other frequency bands (for example VHF FM);
and whereas
the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2 and its associated plan are inconsistent with the principles adopted by the Regional Administrative MF Broadcasting Conference (Region 2) at its First Session, Buenos Aires, 1980, and do not assign frequencies on the basis of equal rights;
the delegation of the Cooperative Republic of Guyana:
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states that the signing of the Final Acts of the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro, 1981, and any subsequent ratification thereof by its Government shall in no way imply acceptance of the values used to determine nominal usable field strength, and
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reserves the right of its Government to take any measures (including the use of any frequencies within the band 535-1605 kHz) it may consider necessary to meet the needs of its National Broadcasting Service.
No. 11
For Mexico:
In signing the Final Acts of the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro, 1981, the delegation of Mexico expresses the intention of its Administration to adhere to the provisions of the Final Acts; however, the Mexican delegation reserves the right of its Government to take any steps it considers appropriate to ensure the satisfactory operation of its MF broadcasting stations should such operation be affected by the failure of any Member of the Union to comply with the provisions of the Final Acts.
No. 12
For Costa Rica:
The delegation of the Republic of Costa Rica to the Regional Administrative MF Broadcasting Conference (Region 2), Rio de Janeiro, 1981, reserves the right to accept or to reject any decision of this Conference which might affect, in whole or in part, its sovereign right to use the radio spectrum for medium frequency broadcasting within its national territory.
No. 13
For the Republic of Trinidad and Tobago:
The delegation of the Republic of Trinidad and Tobago reserves on behalf of its Government the right to take whatever steps it deems necessary to protect its broadcasting services should other administrations signatories to the Agreement fail to comply with the provisions of the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2.
No. 14
For the United States of America:
The United States of America calls attention to the fact that its MF Broadcasting Service is adversely affected to a serious degree by objectionable interference from numerous stations in the Region. In these circumstances, while the United States of America is prepared to fulfil its obligations as a signatory to the Final Acts and to pursue the resolution of incompatibilities between its MF broadcasting stations and those of other countries of Region 2, it is compelled, in view of the seriousness of that interference, to reserve the right to take such action as may prove necessary to assure the provision of needed services to the adversely affected areas if its efforts to eliminate such interference fail to lead to satisfactory solutions.
No. 15
For the Republic of Venezuela:
The delegation of the Republic of Venezuela states that its Government reserves the right to take any steps it may consider necessary to ensure the development and satisfactory operation of its MF broadcasting service should its interests be affected by the decisions taken at this
Conference, particularly by the application of this Agreement, its complete Annexes and the Resolutions and Recommendations adopted.
It also reserves the right to take any steps it may consider necessary to protect its MF broadcasting service from any adverse consequences of the reservations entered by other administrations or of the failure on the part of any other Member of the Union belonging to Region 2 to accede to the Agreement or, in general, to comply with the provisions adopted at this Conference.
No. 16
For Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela:
The delegations of the following countries Members of the International Telecommunication Union: Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela, parties to the South American Radiocommunication Agreement of Buenos Aires, 1935, as revised at Santiago de Chile in 1940, and meeting in Rio de Janeiro for the Regional Administrative Conference on MF Broadcasting in the band 535-1 605 kHz (Region 2), which was convened under the provisions of the International Telecommunication Convention (Malaga-Torremolinos, 1973),
considering
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a)
that the Agreement adopted at this Conference contains provisions that are better suited to the current situation and to the development of broadcasting services in the band in question than the earlier Agreement;
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b)
that Articles 5,7,8,9,10 and 12 of the South American Radiocommunication Agreement of Buenos Aires, 1935, as revised at Santiago de Chile, 1940, together with Annexes II, III, V, VII and VIII and parts of Annexes IV and VI thereto, deal with technical and planning matters relating to the broadcasting service which are covered by the new Regional Agreement;
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c)
that under the principles of international law the most recent agreement takes precedence over others dealing with the same subjectmatter;
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d)
that the broadcasting service in the band 535-1 605 kHz will therefore be governed by the provisions of the Regional Agreement adopted at this Conference,
recognize
that some parts of the South American Radiocommunication Agreement of Buenos Aires, 1935, as revised at Santiago de Chile, 1940, relating to the broadcasting service, have been superseded by the provisions of the Regional Agreement on the MF Broadcasting Service (Region 2).
No. 17
For Jamaica:
The delegation of Jamaica reserves the right of its Government to take whatever measures it deems necessary to safeguard its interests should other countries operate their stations in a manner prejudicial to the National Broadcasting Service of Jamaica.
No. 18
For the Republic of Paraguay:
In view of the geographical location of the Republic of Paraguay between countries having large numbers of high-power class A stations giving rise to mutual interference with Paraguayan stations, the Paraguayan delegation accepted reasonable interference values in respect of its stations and moreover reduced the power of most of its transmitters for night-time operation so that all Paraguayan stations could be included in List A of the Plan.
Despite the efforts made by the delegation of Paraguay to achieve that aim, however, Station ZP-70 ,,RADIO PRIMERO DE MARZO" appears in List B on account of incompatibility with stations belonging to one of the negotiating administrations.
Accordingly, this Delegation reserves the right of its Government to take such measures as it deems appropriate to protect the transmissions of all Paraguayan stations, particularly those of Station ZP-70 ,,RADIO PRIMERO DE MARZO" so long as it remains in List B.
No. 19
For the United Kingdom of Great Britain and Northern Ireland:
With reference to statement No. 2 made by the Argentine Republic, the Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to United Kingdom sovereignty over the Falkland Islands, the Falkland Island dependencies and the British Antarctic Territory. In this context attention is drawn to Article IV of the Antarctic Treaty, to which both the United Kingdom and the Argentine Republic are parties, which freezes territorial claims in the Antarctic.
The United Kingdom Government therefore do not accept the declaration of the Argentine Republic claiming to contest United Kingdom sovereignty over the above-mentioned territories. Furthermore the United Kingdom is entitled to have frequencies assigned to it for radio services to be operated from these territories, and would regard any use of frequencies by the Argentine Republic which caused harmful interference to these assignments as a breach of the Convention and the Radio Regulations.
Furthermore, with reference to the claim by the Argentine Republic to have the right to establish its own radiocommunication services in these territories, the United Kingdom wishes to state that it does not recognize the validity of any such claim, and that any notification of a frequency assignment by the Argentine Republic in respect of these territories would be inconsistent with the terms of Resolution 1 adopted by the World Administrative Radio Conference, Geneva, 1979.
The United Kingdom does not accept the assertion in the Argentine statement that ,,the illegality of the occupation of the Malvinas Islands, the South Georgia Islands and the South Sandwich Islands by the United Kingdom has been recognized by the United Nations". United Nations Resolutions have simply called for the settlement of the dispute by negotiation between the two Governments.
No. 20
For the United Kingdom of Great Britain and Northern Ireland:
The delegation of the United Kingdom of Great Britain and Northern Ireland does not accept reservation No. 3 by Chile insofar as it disputes the sovereignty of Her Majesty's Government over the British Antarctic Territory. Attention is drawn in this context to Article IV of the Antarctic Treaty, which freezes territorial claims in the Antarctic.
No. 21
For the Republic of Colombia:
On behalf of its Government, the delegation of the Republic of Colombia, in signing the Final Acts of the Regional Administrative MF Broadcasting Conference, Rio de Janeiro, 1981, and in noting Reservation No. 6 entered by the delegation of Nicaragua, states that it does not in any way accept the claims of the Government of Nicaragua, it having no doubt as to the legitimacy and sovereignty of the Republic of Colombia throughout the whole of its territory.
Moreover, the delegation of Colombia wishes to state, in connection with the claims made by Nicaragua in disregard of the Treaty on Territorial Matters between Colombia and Nicaragua and alleging sovereignty over the Islands of San Andres and Providencia, that:
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1.
The Treaty on Territorial Matters between Colombia and Nicaragua was signed in Managua on 24 March 1928, approved in Colombia by Act No. 93 of 1928, and in Nicaragua by an Act of 6 March 1930; the instruments of ratification were exchanged in Managua on 5 May 1930 and the Treaty was subsequently promulgated by Decree No. 993 of 1930.
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2.
Article One of the Treaty states that:
,,The Republic of Colombia recognizes the sovereignty and full dominion of the Republic of Nicaragua over the Mosquito Coast between the Cape of Gracias a Dios and the San Juan river, and over the Islands Mangle Grande and Mangle Chico in the Atlantic (Great Corn Island and Little Corn Island), and the Republic of Nicaragua recognizes the sovereignty and full dominion of the Republic of Colombia over the Islands of San Andres, Providencia, Santa Catalina and all the remaining islands, islets and keys which form part of the said Archipelago of San Andres.".
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3.
The arguments put forward by Nicaragua in regard to its alleged sovereignty over the Archipelago of San Andres and Providencia violates the most fundamental principle of international law, pacta sunt servanda, according to which any treaty is binding on the contracting parties and must be executed in good faith. It is logical that this principle should constitute the cornerstone of relations between States, since failure by States to recognize the principle of faithful and strict compliance with treaties might seriously jeopardize international peace and security.
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4.
In claiming to denounce the Treaty, the Government of Nicaragua overlooks the fact that treaties may be terminated only by express or tacit agreement between the contracting parties or in conformity with clear norms of international law.
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5.
Under international law, a treaty such as that of Esguerra-Barcenas may not be denounced, as may be inferred from Article 56 of the Vienna Convention on the Law of Treaties, on which the International Law Commission commented in the following terms: the inherent nature of some treaties precludes the possibility of the contracting States having intended to allow one party to denounce them or withdraw from them of its own will. This is the case of treaties of the demarcation of territorial borders. (Report of the International Law Commission, Supplement No. 9 (A/6309 and Rev. 1) United Nations, Twenty-first Session, New York, 1966).
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6.
It must be said once more that the treaty of 1928, being an instrument that defines territorial matters and therefore establishes an objective regime, is not open to termination. Finally, far from it having been impossible to implement the Treaty, it has been complied with on a frank, cordial and uninterrupted basis.
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7.
In these conditions, since the Treaty of Esguerra-Barcenas is not an instrument that may be denounced or terminated merely at the will of one of the contracting parties, the Government of Nicaragua must continue to comply with it as it has done hitherto: it has no other alternative. For its part, Colombia will be vigilant in demanding and ensuring compliance with the duties and obligations which are incumbent on both parties, in accordance with international law, under the Treaty on Territorial Matters between Colombia and Nicaragua.
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8.
The location and characteristics of the Archipelago of San Andres and Providencia entail territorial waters, a continental shelf and an exclusive economic zone, in accordance with the standards and principles of international law. To affirm that the said Archipelago is situated within the continental shelf of Nicaragua and that it therefore belongs to that country is no less than a legal absurdity.
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9.
The entire Archipelago of San Andres and Providencia, including the Corn Islands and the territory included between the Cape Gracias a Dios and the San Juan river, belonged first to the Tierra Firme Kingdom and subsequently to the Viceroyalty of New Granada. Such was the status of those territories in 1810 at the beginning of the struggle for independence. The Governments of Colombia and Nicaragua freely agreed on a valid and complete international treaty and exchanged the instruments for its ratification, under which our country recognized the sovereignty and full dominion of Nicaragua over the Mosquito Coast between the Cape Gracias a Dios and the San Juan river, and over the Great Corn and Little Corn Islands. For its part, the Republic of Nicaragua recognized the sovereignty and full dominion of the Republic of Colombia over the Islands of San Andres, Providencia, Santa Catalina, and all the remaining islands, islets and keys which form part of the said Archipelago of San Andres.
The Republic of Colombia will meet its obligations and ensure the respect of its rights under the said instrument.