Colombia Passport

Next September 18 the government of Nicaragua will pass its reply to the position of Colombia over the sea border dispute between both nations. Managua will present it to the ICJ of The Hague. The Nicaraguan position is supported by one of its most noticeable analysts, Mauricio Herdocia Sacasa, who called the dispute with Colombia an ‘Unlikely Border‘, declaring that the Andean nation has not firm arguments on its claims.

Photo La Nación.

The International Court of Justice concluded in November 2007 that Colombia has legal sovereignity over the San Andrés Archipelago, however it let open the dispute on the sovereignity of some cays and the delimitation of the sea border, because it stated that such matter was not established during the agreement of 1928 and 1930.

Herdocia, who is an expert in international law and the author of ‘Meridiano 8, el derrumbe de la frontera inverosímil‘ (18th Meridian, the Collapse of the Unlikely Border), said to La Prensa, a national newspaper of Nicaragua, that this reply in the ICJ is the continuation of the sea border dispute between Colombia and Nicaragua. Colombia defends that the ICJ has not jurisdiction over the dispute.

The Serrana, Roncador, Quitasueño and other geographical features on the West Caribbean Sea are claimed by Nicaragua. It relays its claims on the possibility that was open by ICJ in December 2007, although the Court of The Hague concluded that the delimitation should be established by a mutual agreement. Herdocia concluded that Colombia has not arguments to defend the sovereignity over the cays, starting from the idea that such cays were not considered in 1928. In that time, the cays were under the United States administration and Colombia was was asking their devolution from the North American country. It was the reason why they cays did not enter during the agreement with Managua that recognized the sovereignity of Colombia over the San Andrés archipelago, while Bogotá recognized the eastern Mosquitos cost to Managua.

However, if Colombia defended the sovereignity of San Andrés with the 1928 and 1930 agreements, it will present older documents to do the same with the cays, from the time of the Spaniard colonization.

The Court concluded that it has jurisdiction over the dispute, that the 82th meridian is not the border between both nations and that the Bárcenas-Esguerra Pact did not conclude on the cays’ sovereignity. The Nicaraguan analyst is optimistic in this new face of the claims when Managua hopes to increase its area on the Caribbean sea. The San Andrés Archipelago, that is technically a Colombian state, is located along the east coast of the Central American country. Nicaragua claims that it has right to the continental platform and the sovereignity over 2 thousand nautical miles.

The sovereignity of Colombia on the Archipelago comes from the time of the Spaniard colonization (17th and 18th centuries). Neither Colombia nor Nicaragua were independent bodies, but they belonged to the Spanish Empire. Madrid decided that the islands were integrated to the Nueva Granada Viceroyalty (the colonial administrative body of the north of South America from where Colombia would be created.) In 1821, the Archipelago signed the Constitution of Cúcuta becoming also a part of Colombia that also hold the east coast of modern Nicaragua (Mosquitos). In 1929 both nations signed an agreement where Colombia recognized the sovereignity of Mosquitos to Managua and Nicaragua recognized the sovereignity of Bogotá on San Andrés. But president Daniel Ortega demanded before the ICJ the agreement arguing that it was signed when Nicaragua was under an American occupation. ICJ established in December 2007 that the agreement was completely legal, but it did not include the issue of the cays and the delimitation of both countries.

Nicaragua is claiming the cays and the widen of its sea territory on the Caribbean. Last November, Colombia present in The Hague the counter against the Nicaraguan claim. Next Friday Managua will reply again.

Herdocia said to La Nación that the hearing in the court will be finished by the end of 2011 and the verdict will be final. The idea that the territory – that is under the Colombian administration, – is rich in fishing and oil, has made that some Nicaraguan experts and politicians suggest to demand Colombia for ‘usurpation of their economical zone.’ Nicaragua has also border disputes with Honduras and Costa Rica.