Costa Rica – Nicaragua San Juan River border dispute
Encyclopedia
The Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...

Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....

 San Juan River
San Juan River (Nicaragua)
The San Juan River , also known as El Desaguadero , is a 192.06 km river that flows east out of Lake Nicaragua into the Caribbean Sea. A large section of the border between Nicaragua and Costa Rica runs on the right bank of the river...

 border dispute is a series of periodical conflicts between the two Central America
Central America
Central America is the central geographic region of the Americas. It is the southernmost, isthmian portion of the North American continent, which connects with South America on the southeast. When considered part of the unified continental model, it is considered a subcontinent...

n nations over the correct delimitation of their common border
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...

 at its east-end, and the interpretation of the navigation rights on the San Juan River
San Juan River (Nicaragua)
The San Juan River , also known as El Desaguadero , is a 192.06 km river that flows east out of Lake Nicaragua into the Caribbean Sea. A large section of the border between Nicaragua and Costa Rica runs on the right bank of the river...

 established in the Cañas-Jerez Treaty
Cañas-Jerez Treaty
The Cañas-Jerez Treaty between Costa Rica and Nicaragua was enacted April 15, 1858 as a solution to the growing border tension between the two countries. The treaty was negotiated between Máximo Jerez representing Nicaragua and José María Cañas representing Costa Rica....

 of 1858.

The most recent disputes include an interpretation about the scope and limits of Costa Rica's rights for free navigation and Nicaragua's sovereign control over the San Juan River, which was resolved by the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

 in 2009; and the ongoing dispute that began in October 2010 regarding the dredging of San Juan River, in the area of Isla Calero
Isla Calero
Isla Calero is a Costa Rican island, the biggest island in Costa Rica, and the biggest along the San Juan River, which marks the border between Nicaragua and Costa Rica. The island lies between the San Juan , the Río Colorado of Costa Rica , and the Caribbean Sea...

.

History

According to the Cañas-Jerez Treaty of 1858, reaffirmed in arbitration by President Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...

 of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 in 1888 and interpreted by the Central American Court of Justice in 1916 (case Costa Rica vs. Nicaragua), Nicaragua is sovereign
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...

 over the Río San Juan
San Juan River (Nicaragua)
The San Juan River , also known as El Desaguadero , is a 192.06 km river that flows east out of Lake Nicaragua into the Caribbean Sea. A large section of the border between Nicaragua and Costa Rica runs on the right bank of the river...

, and Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....

 has the right to navigate over part of the river with articles for trade which in case of need, as determined by Nicaragua can be accompanied by revenue cutters. The treaty also states that no taxes would be imposed on Costa Rican trade in goods except those accepted by mutual agreement.

Historically, the possibility that the Río San Juan might become the route for a Nicaragua Canal
Nicaragua Canal
The Inter-Oceanic Nicaragua Canal was a proposed waterway through Nicaragua to connect the Caribbean Sea and Atlantic Ocean with the Pacific Ocean...

 has exacerbated the dispute. The construction of the Panama Canal
Panama Canal
The Panama Canal is a ship canal in Panama that joins the Atlantic Ocean and the Pacific Ocean and is a key conduit for international maritime trade. Built from 1904 to 1914, the canal has seen annual traffic rise from about 1,000 ships early on to 14,702 vessels measuring a total of 309.6...

 as well as Nicaragua's dry ecocanal
Ecocanal
The Nicaraguan Ecocanal is a project under construction in Nicaragua to build deepwater port facilities on the Atlantic Ocean coast, to link to the existing seaport of Corinto on the Pacific Ocean. They would be connected by a rail system to transport containerized and bulk cargo overland...

 project have largely deflated this motive for friction.

2009 International Court of Justice case

A dispute emerged in 1998 when Nicaragua forbade the transit of Costa Rican policemen in the river, which Nicaragua claims to be a breach of sovereignty, and unilaterally imposed a tax for any Costa Rican tourists who enter the San Juan river, as persons are not objects of trade but subjects of trade and are therefore, not covered by the treaty. This and other subjects were the subject of a case in the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

.

On July 13, 2009, the International Court of Justice published the following ruling:

1) As regards Costa Rica’s navigational rights on the San Juan river under the 1858 Treaty, in that part where navigation is common, the court finds: that Costa Rica has the right of free navigation on the San Juan river for purposes of commerce including the transport of passengers and the transport of tourists. That persons travelling on the San Juan river on board Costa Rican vessels exercising Costa Rica’s right of free navigation are not required to obtain Nicaraguan visas or to purchase tourist cards. That the inhabitants of the Costa Rican bank of the San Juan river have the right to navigate on the river between the riparian communities for the purposes of the essential needs of everyday life which require expeditious transportation. That Costa Rica has the right of navigation on the San Juan river with official vessels used solely, in specific situations, to provide essential services for the inhabitants of the riparian areas where expeditious transportation is a condition for meeting the inhabitants’ requirements. That Costa Rica does not have the right of navigation on the San Juan river with vessels carrying out police functions. That Costa Rica does not have the right of navigation on the San Juan river for thepurposes of the exchange of personnel of the police border posts along the right bank of the river and of the re-supply of these posts, with official equipment, including service arms and ammunition.

2) As regards Nicaragua’s right to regulate navigation on the San Juan river, in that part where navigation is common, the court finds that Nicaragua has the right to require Costa Rican vessels and their passengers to stop at the first and last Nicaraguan post on their route along the San Juan river; That Nicaragua has the right to require persons travelling on the San Juan river to carry a passport or an identity document; that Nicaragua has the right to issue departure clearance certificates to Costa Rican vessels exercising Costa Rica’s right of free navigation but does not have the right to request the payment of a charge for the issuance of such certificates; that Nicaragua has the right to impose timetables for navigation on vessels navigating on the San Juan river; that Nicaragua has the right to require Costa Rican vessels fitted with masts or turrets to display the Nicaraguan flag;

3) As regards subsistence fishing, the court Finds that fishing by the inhabitants of the Costa Rican bank of the San Juan river for subsistence purposes from that bank is to be respected by Nicaragua as a customary right;

4) As regards Nicaragua’s compliance with its international obligations under the 1858 Treaty, the court finds that Nicaragua is not acting in accordance with its obligations under the 1858 Treaty when it requires persons travelling on the San Juan river on board Costa Rican vessels exercising Costa Rica’s right of free navigation to obtain Nicaraguan visas; when it requires persons travelling on the San Juan river on board Costa Rican vessels exercising Costa Rica’s right of free navigation to purchase Nicaraguan tourist cards; and when it requires the operators of vessels exercising Costa Rica’s right of free navigation to pay charges for departure clearance certificates.

2010 Isla Calero dispute

On October 8, 2010, the Nicaraguan government initiated operations to dredge 33 kilometres (20.5 mi) of the San Juan River
San Juan River (Nicaragua)
The San Juan River , also known as El Desaguadero , is a 192.06 km river that flows east out of Lake Nicaragua into the Caribbean Sea. A large section of the border between Nicaragua and Costa Rica runs on the right bank of the river...

 and the works are in led by commander Edén Pastora
Edén Pastora
Edén Atanacio Pastora Gómez is a Nicaraguan politician and former guerrilla who ran for president as the candidate of the Alternative for Change party in the 2006 general elections...

. On October 20, the Costa Rican government complained to Nicaraguan authorities regarding an alleged violation of its sovereignty as Nicaraguan troops had entered Costa Rican territory, and the dredging of the river caused environmental damage in the wetland
Wetland
A wetland is an area of land whose soil is saturated with water either permanently or seasonally. Wetlands are categorised by their characteristic vegetation, which is adapted to these unique soil conditions....

s at Isla Calero
Isla Calero
Isla Calero is a Costa Rican island, the biggest island in Costa Rica, and the biggest along the San Juan River, which marks the border between Nicaragua and Costa Rica. The island lies between the San Juan , the Río Colorado of Costa Rica , and the Caribbean Sea...

, which is part of the island nature reserve
Nature reserve
A nature reserve is a protected area of importance for wildlife, flora, fauna or features of geological or other special interest, which is reserved and managed for conservation and to provide special opportunities for study or research...

, in an area that is owned by the Costa Rican Ministry of the Environment
MINAE
MINAE, the Ministry of Environment and Energy or in Spanish , is part of the government of Costa Rica.-Agencies:*SINAC - National System of Conservation Areas*DGGM - Geology and Mining General Directorate...

. Nicaragua rejected all claims and replied that, in fact, Costa Ricans had been invading their territory and the Vice President of Nicaragua
Vice President of Nicaragua
Vice President of Nicaragua is the second highest political position in Nicaragua. According to the current constitution, vice president in elected in the same ticket as president.-Deputy Chief of State 1826-1838:...

 commented that "We cannot invade our own territory. The Costa Rican government responded by sending 70 police reinforcements to the border area on October 22nd. Nicaragua stationed around 50 soldiers in Isla Calero
According to a Costa Rican newspaper, Edén Pastora justified his actions based the border as shown by Google Maps
Google Maps
Google Maps is a web mapping service application and technology provided by Google, free , that powers many map-based services, including the Google Maps website, Google Ride Finder, Google Transit, and maps embedded on third-party websites via the Google Maps API...

 and to be performing anti-drug dealing operations. However, Pastora denied making any claims about relying on Google Maps to determine the border, and said to the Nicaraguan press that his understanding of the border is based on the original text of the 1858 Cañas-Jerez Treaty
Cañas-Jerez Treaty
The Cañas-Jerez Treaty between Costa Rica and Nicaragua was enacted April 15, 1858 as a solution to the growing border tension between the two countries. The treaty was negotiated between Máximo Jerez representing Nicaragua and José María Cañas representing Costa Rica....

. A senior manager for public policies for Google Latin America made a public statement saying that while “Google maps are of very high quality and Google works constantly to improve and update existing information, by no means should they be used as a reference to decide military actions between two countries.” He added that "In this instance Google has determined that there was an inaccuracy in the shaping of the border between Costa Rica and Nicaragua and is working to update the information as quickly as possible.” The border has since been updated and corrected by Google
Google
Google Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...

 on Google Earth
Google Earth
Google Earth is a virtual globe, map and geographical information program that was originally called EarthViewer 3D, and was created by Keyhole, Inc, a Central Intelligence Agency funded company acquired by Google in 2004 . It maps the Earth by the superimposition of images obtained from satellite...

 and in Google Maps.

Both countries took different approaches on how to solve the issue, Nicaragua argued it was a border dispute that should be resolved by International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

, while Costa Rica claimed it was a military incursion and that the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...

 (OAS) should solve the issue, and if this approach failed, it will go to the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

.

OAS General Secretary José Miguel Insulza
José Miguel Insulza
José Miguel Insulza Salinas is a Chilean politician and statesman. He is currently the Secretary General of the Organization of American States. He is nicknamed El Panzer, for his tank-like drive and reputation due to his ability to take political heat with little apparent damage...

 met with both governments and inspected the conflict area. He then called for both countries to remove all troops and security personnel from the disputed territory as a first step towards opening a dialogue in order to resolve the situation peacefully and demarcate the boundary to prevent further conflicts. Costa Rica agreed to these terms but Nicaragua refused to remove its troops. On a meeting on November 12, by a vote of 22 to 2, the OAS ambassadors approved a resolution requesting Costa Rica and Nicaragua to pull out their troops from a conflict zone along their common border and to hold talks to settle their dispute. Nicaragua's President Daniel Ortega
Daniel Ortega
José Daniel Ortega Saavedra is a Nicaraguan politician and revolutionary, currently serving as the 83rd President of Nicaragua, a position that he has held since 2007. He previously served as the 79th President, between 1985 and 1990, and for much of his life, has been a leader in the Sandinista...

 discarded the possibility of withdrawing the troops and disregarded OAS resolution because his government considers that this organization does not have jurisdiction to resolve border disputes. In the same press conference, President Ortega announced his intentions to file a claim under the International Court of Justice for permission to navigate the Costa Rican Colorado River
Colorado River (Costa Rica)
The Colorado River, or the Rio Colorado, in Costa Rica is a tributary of the San Juan River which flows 96 km towards the Caribbean in the northern parts of Heredia and Limón Provinces...

.

On the political side, some commentators criticized Daniel Ortega for allegedly taking advantage on this matter to promote his re-election. Costa Rica's President Laura Chinchilla was criticized by former President Óscar Arias
Óscar Arias
Óscar Arias Sánchez is a Costa Rican politician who was President of Costa Rica from 2006 to 2010. He previously served as President from 1986 to 1990 and received the Nobel Peace Prize in 1987 for his efforts to end civil wars then raging in several other Central American countries.He is also a...

 for her naïve handling of the situation.

On November 18, 2010, Costa Rica filed proceedings against Nicaragua in the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

. The complaint alleges an incursion into, occupation of and use by Nicaragua's Army of Costa Rican territory, breaches of Nicaragua's treaty obligations toward Costa Rica, and “ongoing and planned dredging and the construction of the canal (that) will seriously affect the flow of water to the Colorado River of Costa Rica, and will cause further damage to Costa Rican territory, including the wetlands and national wildlife protected areas located in the region.” Costa Rica also filed a request for provisional measures, including the withdrawal of all Nicaraguan troops from Isla Calero, the cessation of the construction of a canal across Costa Rican territory, the immediate cessation of the dumping of sediment in Costa Rican territory and immediate cessation of the felling of trees, removal of vegetation and soil from Costa Rican territory, including its wetlands and forests. On the same day, OAS approved a Costa Rican request, by a vote of 22 to 1 (and 7 abstentions), to convene a Consultative Meeting of OAS Ministers of Foreign Affairs to analyze the situation between Costa Rica and Nicaragua in the border zone of the San Juan River. The meeting took place on December 7, 2010.

In March 2011, The International Court of Justice provisionally ruled that Costa Rica and Nicaragua both must refrain from sending or maintaining civilians, security forces or police in this disputed border area, but that Costa Rica was allowed to send civilian teams concerned with environmental matters. Dredging by Nicaragua within the San Juan River itself was allowed to continue since Nicaragua has sovereignty over the river proper.

See also

  • Territorial disputes of Nicaragua
    Territorial disputes of Nicaragua
    Territorial disputes of Nicaragua include the territorial dispute with Colombia over the Archipelago de San Andres y Providencia and Quita Sueno Bank...

  • Foreign relations of Costa Rica
    Foreign relations of Costa Rica
    Costa Rica is an active member of the international community and, in 1983, claimed it was for neutrality. Due to certain powerful constituencies favoring its methods, it has a weight in world affairs far beyond its size...

  • Foreign relations of Nicaragua
    Foreign relations of Nicaragua
    Nicaragua pursues an independent foreign policy. A participant of the Central American Security Commission , Nicaragua also has taken a leading role in pressing for regional demilitarization and peaceful settlement of disputes within states in the region....

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