Decree 33-2024
Congreso Nacional
- Decree: 33-2024
- Published: April 19, 2024
- Issuing body: Congreso Nacional
- Gazette: 36,513
- Category: Constitutional
Summary
Honduras approves a treaty with Nicaragua that defines the maritime borders between both countries in the Caribbean Sea and Gulf of Fonseca. The agreement establishes precise boundaries based on International Court of Justice rulings, recognizes each country's sovereign rights over its territorial waters, and promotes peace and regional cooperation.
Considerations
Whereas the Vienna Convention on the Law of Treaties establishes that a "treaty" is an international agreement concluded in writing between States and governed by international law, whether it consists of a single instrument or of two or more related instruments and whatever its particular designation.
Whereas Article 15 of the Constitution of the Republic establishes that, "Honduras adopts as its own the principles and practices of International Law that tend toward human solidarity, respect for the self-determination of peoples, non-intervention and the strengthening of universal peace and democracy...". WHEREAS: The States parties to the BOUNDARY TREATY BETWEEN THE REPUBLIC OF NICARAGUA AND THE REPUBLIC OF HONDURAS IN THE CARIBBEAN SEA AND WATERS SEAWARD OF THE GULF OF FONSECA reaffirm that, the judgment of the International Court of Justice of September 11, 1992 recognizes the existence of a tripartite presence in the waters in the central portion of the closure line of the Gulf of Fonseca and in the waters seaward thereof until a delimitation of the same shall be carried out.
Whereas the States parties recognize, accept and comply with the judgment of the International Court of Justice of October 8, 2007 which established the maritime boundary in the Caribbean Sea between both countries and furthermore fixed the starting point at coordinates 15° 00' 52" N - 83° 05' 58" W, in which the parties were also urged to negotiate in good faith the delimitation line of the remaining territorial sea portion between the point of the land boundary established by the Award of the King of Spain of 1906 and the point of the maritime boundary established by the Court.
Whereas the boundary treaty between the Republic of Nicaragua and the Republic of Honduras in the Caribbean Sea and waters seaward of the Gulf of Fonseca has as its purpose the establishment of a clear delimitation of the border points in the territorial sea between both nations, highlighting the following characteristics: a) recognition of sovereignty and respect for international rulings, b) promotion of peace and prosperity; c) establishment of clear boundaries; and, d) regional cooperation.
Whereas the Constitution of the Republic in its Article 20 establishes that, any treaty or convention that the Executive Power may conclude regarding national territory shall require the approval of the National Congress by a vote of no less than three-fourths (3/4) of the totality of its members.
Whereas the Constitution of the Republic in its Article 205 establishes that, it is the responsibility of the National Congress the powers contained in the powers: "1) Create, decree, interpret, reform and repeal laws"; "30) approve or disapprove International Treaties that the Executive Power has concluded".
Whereas the Republic of Honduras and the Republic of Nicaragua, respectful of International Law, recognize the contribution of the International Court of Justice, through the judgments issued on November 18, 1960, September 11, 1992 and October 8, 2007, which Honduras has proclaimed as inescapable their validity and obligatory their execution.
Whereas peace, democracy, development and freedom are Central American ideals that constitute a harmonious and indivisible whole for the Member States of the Central American Integration System.
Whereas the Declaration of Managua of October 2007 and the Joint Declaration of the Trinational Meeting on the Gulf of Fonseca of August 25, 2014 foster the building of harmonious coexistence in the region.
Whereas any treaty or convention that the Executive Power may conclude regarding national territory shall require the approval of the National Congress by a vote of no less than three-fourths (¾) of the totality of its members.
Whereas the adoption of the Boundary Treaty between the Republic of Nicaragua and the Republic of Honduras in the Caribbean Sea and Waters Seaward of the Gulf of Fonseca is an important step to consolidate the maritime boundaries of Honduras and Nicaragua and contributes to the development and an environment of peace and stability in the Gulf of Fonseca area.
Articles
To approve in all and each one of its parts the "TREATY OF BOUNDARIES BETWEEN THE REPUBLIC OF NICARAGUA AND THE REPUBLIC OF HONDURAS IN THE CARIBBEAN SEA AND WATERS OUTSIDE THE GULF OF FONSECA", executed on the 27th day of the month of October of the year 2021, between the Republic of NICARAGUA and the Republic of HONDURAS, which literally states: "MINISTRY OF STATE IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION. AGREEMENT No. 02-DGAJTC-2022. Tegucigalpa M.D.C., August 1, 2022. THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. WHEREAS: That the Republic of Honduras and the Republic of Nicaragua, respectful of International Law, recognize the contribution of the International Court of Justice, through the judgments rendered on November 18, 1960, September 11, 1992 and October 8, 2007, the same
that Honduras has proclaimed as unavoidable their validity and mandatory their execution. WHEREAS: That peace, democracy, development and freedom are Central American ideals that constitute a harmonious and indivisible whole for the Member States of the Central American Integration System. WHEREAS: That the Declaration of Managua of October 2007 and the Joint Declaration of the Trinational Meeting on the Gulf of Fonseca of August 25, 2014 foster the building of harmonious coexistence in the region. WHEREAS: That any treaty or convention that the Executive Power celebrates concerning national territory shall require the approval of the National Congress by a vote of no less than three-fourths (¾) of the total number of its members. WHEREAS: That the adoption of the Treaty of Boundaries between the Republic of Nicaragua and the Republic of Honduras in the Caribbean Sea and Waters outside the Gulf of Fonseca is an important step to consolidate the maritime borders of Honduras and Nicaragua and contributes to the development and environment of peace and stability in the Gulf of Fonseca zone. THEREFORE: In application of articles 9, 10, 11, 15, 16, 20, 205 numeral 30), 213, 245 numerals 1), 11) and 13) of the Constitution of the Republic of Honduras; 116, 118 and 122 of the General Law of Public Administration and its reforms. IT AGREES: FIRST: To approve in all and each one of its parts the "TREATY OF BOUNDARIES BETWEEN THE REPUBLIC OF NICARAGUA AND THE REPUBLIC OF HONDURAS IN THE CARIBBEAN SEA AND WATERS OUTSIDE THE GULF OF FONSECA" which literally states: "TREATY OF BOUNDARIES BETWEEN THE REPUBLIC OF NICARAGUA AND THE REPUBLIC OF HONDURAS IN THE CARIBBEAN SEA AND WATERS OUTSIDE THE GULF OF FONSECA. WHEREAS. That the Governments of the Republic of Nicaragua and the Republic of Honduras recognize the authority of the International Court of Justice and its contribution to the determination of their border limits particularly through the judgments of November 18, 1960, September 11, 1992 and October 8, 2007; That with the same Central American spirit with which they signed the Declaration of Managua of October 4, 2007 which establishes the Gulf of Fonseca as a Zone of Peace, Sustainable Development and Security, the Joint Declaration of the Trinational Meeting on the Gulf of Fonseca of August 25, 2014, the Joint Declaration of the Presidents
of the Republics of El Salvador, Honduras and Nicaragua of April 11, 2019, as well as the Declaration of the Central American Integration System to advance in the integration of the region to constitute it as a Zone of Peace, Freedom, Democracy and Development; That sheltered under the values and aspirations of Generals Augusto C. Sandino and Francisco Morazán to promote peace and the sovereign respect of each of our nations, have agreed as follows: FIRST: The Parties recognize, accept and comply with the judgment of the International Court of Justice of October 8, 2007 which established the maritime border in the Caribbean Sea between both countries and furthermore set the starting point at the coordinates 15º 00′ 52″ N – 83º 05′ 58″ W. Also, it urged the Parties to negotiate in good faith the delimitation line of the remaining territorial sea portion between the point of the land border established by the Award of the King of Spain of 1906 and the point of the maritime border established by the Court. SECOND: The Parties agree to use for the purposes of this treaty as the endpoint of the land border, the point located at the coordinates 83º 7′ 55.186″ W - 15° 0′ 13.522″ N, as recorded by the Honduras-Nicaragua Technical Commission in 2011 during the cartography preparation processes at the mouth of the Coco River. THIRD: The Parties agree that the endpoint of the land border established by the Award of the King of Spain of 1906, and which currently for the purposes of this treaty is the one reflected in the coordinates 83º 7′ 55.186″ W – 15° 0′ 13.522″ N, is subject to periodic changes given the geographic circumstances of the area. Therefore, it is established that the exact location of this point shall be subject to review every ten years from this date by a Joint Commission that shall be appointed for these purposes. The Joint Commission may decide to advance the date of any review if it considers that the circumstances warrant it. FOURTH: The Parties recall that the judgment of the International Court of Justice of September 11, 1992 recognizes the existence of a tripartite presence in the waters in the central portion of the closure line of the Gulf of Fonseca and in the waters outside the same until a delimitation of the same is carried out. FIFTH: The closure line of the
Gulf extends from Punta Amapala to Punta Cosigüina, and with the purpose of achieving an equitable delimitation between the contracting parties, these agree to delimit the portion of the line located between the midpoint of said line at the coordinates 87º 47′ 37.1″ W – 13° 02′ 6.6″ N and Punta Cosigüina. Of that line to be delimited, Honduras is recognized sovereignty over a portion of three thousand one hundred sixty-eight (3.168) nautical miles between the point on that line with coordinates 87° 45′ 33.6″ W – 12º 59′ 38.8″ N and the midpoint of the closure line with coordinates 87° 47′ 37.1″ W – 13º 02′ 6.6″ N. The remaining portion of the closure line located between the coordinate 87° 45′ 33.6″ W – 12º 59′ 38.8″ N and Punta Cosigüina is recognized under the sovereignty of Nicaragua. SIXTH: (Waters outside the Gulf). The rights over the maritime areas outside the Gulf generated by the closure line shall extend into the Pacific Ocean following an azimuth of 231° and shall be divided in the proportion that results from the rights of each party over the closure line. For greater clarity, a map illustrating the closure line and its projection toward the Pacific Ocean is attached to this treaty. SEVENTH: (Waters within the Gulf). The Gulf of Fonseca and its interior waters up to the closure line shall continue to be recognized as a historical bay and the rights of the riparian states to its use, including navigation, shall continue to be respected. Taking this into account, the contracting parties agree to invite the sister Republic of El Salvador to continue with the efforts to maintain the Gulf of Fonseca as a zone of Peace, Sustainable Development and Security and expand ties of cooperation. EIGHTH: This treaty shall be subject to ratification by the National Assembly of the Republic of Nicaragua and the National Congress of the Republic of Honduras in accordance with the provisions of their national legislations; and shall enter into force on the date of the exchange of ratification instruments, arranging its registration with the General Secretariat of the United Nations Organization. In witness whereof we sign, acting in accordance with the powers and competence that our national legislations provide to us and the legal representativity of our governments, we sign this treaty in the city of Managua, Republic of Nicaragua on the 27th day of the month of October of the year 2021. For the Government of the Republic of Honduras Attorney Juan Orlando Hernández Alvarado, for the Government of the Republic of Nicaragua, Commander Daniel Ortega Saavedra.
- 9 - - 10 - SECOND: To submit to the consideration of the Honorable National Congress of the Republic this Executive Agreement, by virtue of Article 205 numeral 30, for the purposes of articles 9, 10 and 11 of the Constitution of the Republic. Given
SECOND: To submit to the consideration of the Honorable National Congress of the Republic this Executive Agreement, by virtue of Article 205 numeral 30, for the purposes of articles 9, 10 and 11 of the Constitution of the Republic. Given in the session hall of the Presidency of the Republic, on the first day (01) of the month of August of two thousand twenty-two (2022). LET IT BE COMMUNICATED AND PUBLISHED. Iris Xiomara Castro Sarmiento, President of the Republic. (Signed) Eduardo Enrique Reina García, Secretary of State in the Offices of Foreign Affairs and International Cooperation".
This Decree shall enter into force on the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the nineteenth day of the month of March of two thousand twenty-four. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., March 26, 2024. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION
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