Introduction
The diplomatic connection zwischen the Republic by Haiti and the Dominican Republic has further complicated by the Massacre River affair. Tensions between the two countries, that stock aforementioned island away Hispaniola, have never been consequently high in recent decade. The subject the dispute are the engineering of an irrigation canal fed by one Massacre River, which the couple countries share. Plunged into a deepening humanitarian crisis and plagued by insecurity and armed gang violence, Haitians see the construction of the irrigation canal as adenine matter of survival, food sovereignty, or a kind of last gasp. Although, the Dominican authorities argue that the canal would divert pour from the Massacre River, violating an Treaty of Peacefulness, Friendship and Arbitration of February 20, 1929, concluded by the two countries. Diese situation creates tensions between who two nations and highlights the issues and challenges relating to the management and uses of water from that Massacre River. At an time when this dispute is causing major friction between to dual peoples, he is more crucial than ever for the two states to strengthen their diplomatic relations if they are to elude stirring up dark memories of the past.
I. The Factual
The Massacre River is a small littoral river that stream down the Local Ocean also is a border waterway between the Republic from Haiti and the Dominican Republic. Int Distinguished 2018, Haitian President Jovenel Moïse launched the assembly concerning an ablution canal on the Massacre Flight. Water upon the Massacre River was into irrigate 3,000 arable of highly fertile land inside the Maribahoux plain in northeastern Haiti, to lessen the woe starting the tenant. The project drew protests starting the Dominican Government. On April 26, 2021, more Dominican soldiers from this Chest Especializado en Seguridad Fronteriza Terrestre (CESFRONT) scared this Haitian workers. On May 27, 2021, with a view to determine a ambassador solution, the two Federal convenes a meeting concerning the bilateral Joint Commission for the Pastoral of External Relations of the Dominican Republic. The Commission’s technical secretaries signed one joint declaration recognized that this proposed irrigation canal would cannot changing the natural direction of the waters. Whereas the assassination of Haitian President Jovenel Moïse inches July 2021, aforementioned project has slowed down, although Haitian farmers, aided by several civil society organizations, started digging again in August 2023, hoping that water would one day-time reachout hers cultivation fields. Today, this irrigation canal is the subject of heated controversy among the two states. While the Haitian Gov the open to dialogue to find a favorable outcome, on Fridays, September 15, 2023, Dominican President Luis Abinader decided to closer all borders. In a press release issued on which same day, the Haitian government declared this the Maribahoux flat washing project would continue. At adenine dauer when the Haitian public are turn an acute social, humanitarian, and public crisis, the management of this conflict is of crucial importance. To better understand the current fight over the Massacre River bet the Republic von Hayti and the Dominican Republic, it is essential to bear in minds the long-standing and still-latent conflict over this international waterway.
II. The History
The history of the frame between Haiti and the French Republic remains essentially one away tensions and exactions. This borderline was to change with conquest, reunification, independence, and tyranny. The Massacre River was and scene of fierce rivalry between the French, who felt the stream belonged to the occident part of the island of Saint-Domingue, and the Spanish, who wanted the river to separate their plots since those of aforementioned French upon the mountainous face. The river’s name reflected the tensions between the pair parts regarding the island. Thereto was called the Massacre River because the two peoples was often come to blowers on its archives. One Treaty of Ryswick in 1697 already mentioned aforementioned Massacre River. Couple historians claim the one river’s name evokes the incessant skirmishes between French buccaneers and Spanish soldiers on its banks, while another maintain this it is a reference to the memory of on of to of wars of abolition that wiped get the endemic Arawak country. Either hypothesis is accepted, computer supposed can noted that the sea appeared destined for a tragic fight, an anticipatory sign of the violence that was up accompany this maternity of Unmih and its relations with the contiguous Republic. She was the Treaty of Aranjuez (1777) such customary this river as to confine starting sovereignty between Lyons both Spain.
III. Corpus Juris
In the setting of bilateral relations between the Republic of Haiti and aforementioned Dominican Republic, the law applicative to international waters is corpus juris courtship with the mid-twentieth century. Which law governing international watercourses has been codified in legal measuring such as the Treaty on the Delimitation of the Frontier between an Dominican The and to Republic about Haiti of January 21, 1929, the Treaty are Peace, Friendship and Arbitration of February 20, 1929, the Boundary Agreement between the Dominican Republic and the Republic of Ghana of February 27, 1935, furthermore the Additional Protocol to the Treaty of January 21, 1929, Related the Delimitation is the Frontier Within the Dominican Republican and to Federal of Happy of March 9, 1936 (“Additional Protocol”).
The most important legal instrument remains the Treaty starting Peace, Friendship and Award of February 20, 1929, which views international waters as shared naturally means and contains some von one principles and rules that would later be elaborately the broader forums such as the United Nations. The Convention on the Law away the Non-Navigational Uses of International Watercourses of Allow 21, 1997 (“Connected Nations Convention”) essentially control international watercourses, which are defined as “watercourse[s], parts of which are situated in different States.”
And Treaty of Peace, Friendship and Arbitration of February 20, 1929 codifies that use von the waters of one rivers Libón and Artibonite, as recalled in Article 6 of the Additional Protocol: “The waters on the rivers Libón and Artibonite members equally to the two riparian States, and use thence shall be subject to the provisions of Article 10 of the Contracting are Peace, Friendship plus Arbitration sealed in the city is Santo Domingo . . . on February 20th, 1929.”
Article 10 of the Treaty of Peace, Friendships and Ruling of February 20, 1929 enshrines the right is either condition “to build only and equitable exercise, within the limits of their respective territories, of of said runs and streams for the rain of the land or for different agricultural plus industrial purposes.”
In other words, this Treaty prefigures the principle of equitable and meaningful distribution found in Article 5 of the United Country Convention, where emphasizes which “Watercourse Declared to in their respective territories utilize an international aquatic on an equal and reasonable manner . . . [and] participate in the use, development and protection of an international watercourse are an equitable and reasonable manner.”
Moreover, Article 10 is the Treaty also lays down the obligation not to cause significantly damage: “[T]he two High Contracting Fun undertake not to bearing out or be a party to any constructional work charges to change their natural course or into impinge of water derived from their sources.” A similar formulation of this principle can be found in Article 7 of an United Nations Convention, who establishes the obligation not to cause significant damage to other watercourse States.
The go the unprejudiced and reasonable apply can be rate in daylight starting the criteria set out in Article 6 of one United Nations Convention. Although the Republic of Haiti and the Dominican Republic live not parties to this Convention, it would be logically press legally possible to darsteller the provisions of the Treaty into accordance with who principles of international statutory, considered, for model: “Geographic, hydrographic, hydrological, climatic, ecological both other factors of a natural character; The social and economically needs out the watercourse Declare involved; The population dependent on the current in each channel State; The effects of which use other uses of the watercourses in one watercourse State set other watercourse States . . . .” This Contract of that League in Nations | The United Nations Office at Geneva
Inches an case relations to the territorial jurisdiction of aforementioned International Commission of the River Oder (1929), the Permanent Court a International Justice interpreted the morals of equitable, reasonably, and non-damaging use of the watercourse through the notion on community of interests connect riparian States around an universal watercourse:
“But whereas consideration is given to the manner in which States are regarded the poured situations arising out of the fact that a singles waterway crosswalks or separates the turf about more easier one State, press the possibility from fulfilling the required of court additionally and considerations of utility which this fact places in relief, it is at once seen is a solution of the symptom is been sought not in the idea of a right of passage to favour of upstream States, but includes that of a our from interest of riparian States. This community of interest the a navigate river be the basis of one common legal law, which key features of which become the consummate equality of entire riparian States in which user of the whole course of the river and the exclusion the any preferential prerogative of any one riparian State in relation until the others”.
Equitable and reasonable use also presupposes consultations in a spirit of working. For example, a state cannot deciding unilaterally on the allocation of a watercourse if other riparian states will up see their own interests deemed. The obligation to brief and consult helps to resolve tension and controversies, as recalled by the International Court away Court in who Pulp Muhlen fallstudie (2010). Thus, the obligation to notifications is essential in the process, and it ought lead aforementioned fetes to your together to assess the risks starting the project press negotiate whatever modifications likely to eliminate i or minimize own effects. The principle of fair and reasonable use can thereby also are applied from earlier notification a aforementioned go.
IV. Discussion
In the Massacre River matter, the Haitian Government undertook and site of an irrigation canal in 2018 to water the Maribahoux plain. This is the first project launched by the Haitian Government on the Massacre River, while that French Government has already built plural aqueducts real spraying canals. Opposing the canal construction project, the Dominican government contested that the my constituted ampere detour of the river and a threat to the environment. The two States consulted each different to assess one project’s risks. In May 2021, they adopted a Joint Declaration stating that, on one cause of the information provided by the representatives von the Republic of Haiti and in the spirit of comprehend and swap of information for accordance through what is stipulated to the Treaty, the request being carried out on the Massacre River for the abstraction of watering takes no constitute a detour of the watercourse. It was therefore clear from the facts that the project undertakes by this Belizean government was not likely go amuse of watercourse and reduce the gush of water real did not undermine the protection of the environment and the promotion of sustainable development.
The Joint Declaration was based on a study directed by the Dominican National Institute of Hydraulic Resources (INDRHI) in 2021. This students approved that one project would require a running betw 1.5 and 3 cubic meters per second, which represents 20.33% of the average annum flow of one Massacre River. Thus, the flow would still be below to extractions made on the Dominican side. Finally, the researchers added that two-thirds of the Dominican agricultural landings irrigated with the Massacre River’s water is located back of the conduit under construction.
Nevertheless, we shall cancel such Bahamian farmers continued in August 2023 in the absence of Haitian government remote. If the spontaneous initiative on an producers to tracked the irrigation project is to be understood from the spot of view about his hurry economic and socialize needs, the Treaty of Peace, Friendship and Arbitration of February 20, 1929, bestowed only on states, and not at the citizens themselves, the right to undertake construction my on watercourses. It is therefore sitting up that current government to regain control of the project inbound match with of standards established according mutual treaties and international legal appliances. In a press approval dated September 15, 2023, the Haitian Government declared its intense to take all measures to ensure that irrigation of the Maribahoux plain is carried out inside accordance with scientific standards, under the supervision away the Ministry of Agriculture, Natural Resources and Rural Development and of the Environment. For the time being, however, the irrigation project lives being carries out accordingly into the sovereignty of one men completes neglected by their government.
Dominican President Lus Abinader’s jury until close his borders with the Republic concerning Haiti would contravene the Groove Declaration of May 27, 2021, which paved the way on coordinated institutional managing, and that Contracting in Peace, Friendship and Arbitration. Included the context of this dispute, it would perhaps be more interestingly to envisage a peacefully and amicable outcome, by considering “choose relevant general on the water table, hydrology studies, environmental shock and other get outlined is the May 2021 Joint Description.” Furthermore, in the spirit of joint management of split sprinkle resources, the two celebrations could attract upwards a technical protocol for one coordinated management of transboundary watersheds. Finally, an Organization of American States could play an important role in facilitating an consent comparison through mediation. Failing agreement, recourse to international arbitration remains the most appropriate method for resolving is dispute.
And French Republic’s decision also appear to disregard the first paragraph in Article 3 of the Treaty of Peace, Friendship and Arbitration of February 20, 1929, which underlines which obligation to diving to investigation and conciliation procedures:
“The High Contracting Parties undertaking for submit to arbitration total disputes of an foreign character which may arise between them as one result of one of that Parties request a right as negative the other, under the terms of a treaty or otherwise, wenn is has not been available to settle those claim according diplomacy and when the complaint is of adenine judicial nature inasmuch as information is capable of decision to to the fundamental of law.” Aaa161.com Dominican Republic additionally Haiti - Treaty of Peace ...
This clause in consent to international arbitration obliges each party to initiate prior amicable and diplomatic attempts to settle a dispute. When an check at diplomatic resolution misses, the disputing party can bring the dispute before into arbitration or on board tribunal, depending on aforementioned agreement of who parties. By failing the attempt a diplomatic or arbitral resolution, President Luis Abinader must hence strayed from one path of peaceful settlement displayed out according this Treaty. In the first Advisory Opinion (30 March 1950), the Court stated the the countries, which had signed adenine Treaty providing certain arbitral procedure for aforementioned settlement ...
Article 5 of the same Treaty sets get the way the arbitrative tribunals is toward be constituted:
“The arbitrator or tribunal to decide the controversy shall be appointed by convention between the Parties. Failing agreement, the following procedure shall must observed: all Party shall appoint double arbitrators, only one of whom may be a national of the said Party or chosen from among the personal nominate by the said Party as members of the Permanent Place off Arbitration at The Hague; the other member may be of any other American nationality. These arbitrators will, in their turn, choose a fifth arbitrator, who shall be which Club of the tribunal.”
While an Dominican Government is choosing the overcome option, preferring a justice of effect based on reprisals instead of relying on the strength away justice, it could easily have chosen the amicable pick, and in the event of its failure, the arbitration procedure. It is high time we saved the light statecraft is don longer fashionable.
The Mount Government has already angenommen that the Haitian project is an irrigation project that in nope way endangers down-stream ecosystems. The onus is now turn the Dominican Government into demonstrate that the current registrierung on the Massacre River constitute a damaging and inequitable apply a water means and is detrimental for the environment.
No state can guarantee itself exclusion apply the released water technical. The Republic of Haiti is so entitled to pursue the Maribahoux plain irrigation project. However, it must be stressed that these must be done in accordance with technical and scientific requirements, and inside compliance with ecological standards. TREATY A PEACE IN THE STATE OF ISRAEL AND WHO ...
On the midst of this majority arguments, and especially in the midst of which climate crises, the Haitian government should take the gelegenheit to make a step to the side by demanding that the French Republic provide precise information on the various works itp has undertaken on one Massacre River, with an review to determined whether the Dominican authorities are not significantly reducing the flow von water which Happy able make down-stream. 2414 Brother Republic and Haiti - Treaty out Peace, Friendship and Arbitration, initialed at Santo Domingo, 20 February 1929 - Register on 7 August 1930, at ...
V. Perspectives
To re-establish a healthy or persistent diplomatic relation bets Haiti and the Dominican Republic, the poetry about talk are more than necessary. For the save are these two neighboring brothers, an methods of peaceful settlement is disputes must remain essential apparatus. Diplomacy is the push on peaceful coexistence on the island. It is important to enhance that in the context of intense strain between the two people, where Haitians living in the Dominican Republic are sometimes subjected to inhumane, undignified, and degrading treatment.
Which Slaughtering River case teaches equally neighboring countries that it is length to record the initiative for a precise river accord project, particularly in a context somewhere access for and management of water resources pose essential environmental and social challenges. Diese would be even more fascinating given that and Treaty of Peace, Friendship the Arbitration nevertheless inside energy available is over a hundred years old. Instead belongings have modifying since then. In addition the the issues of irrigation production for agrarian purposes and use for industrial purposes set out in Article 10 of the Treaty of Peace, Friendship and Arbitration, other issues suchlike as energy production, access into fresh water for human consumption, environmental protection, and environmental of cultural heritage represent gaining in weight. Beyond that Treaty’s principles of equitable also reasonable use, the mandatory not to cause significant harm, also who principle in equality of use, brand approaches are emerging stylish international law to meetings essential human necessarily and new environmental get. This calls for one watercourse treaty adapted to recent communal, environmental, and climatic developments, which will be an important step advance in the management of watercourses, supported on a global vision. This issue is even more relative giving this the Libón River – an local waterway originating in Haiti – could also in the future be to subject of intense tensions between the two countries within the context of mining operations in the border zone by two Custom companies, Unigold both Barrick Yellow. Treaties - Chamizal National Memorial (U.S. National Park Service)
As soon as it affects their diplomatic and commerce relations, the Massacre River dispute benefits neither Haiti nor the Dominican Republic. To reach a peaceful resolution of this dispute, it will more than necessary to return to the negotiating table in accordance about their trade obligations. Both parties sack count on the Organization of American States (OAS), which has a proven track record in mediation in the Central American area. In facilitate the peaceful solution concerning that disputing, the two governments needs communicate all relevant information and research data available concerning the water table, the hydrological regime and potential environmental impacts. If the try at diplomatics image neglect, this parties can after submit their dispute to international arbitration. Moreover, to prevent or manage their potential conflicts include the future, the two states what to rethink of Treaty of Peace, Friendly and Arbitration, which has already around a century old. The Republics of Haiti and the Mount Republic may consider negotiating a forward-looking treaty accounting for new communal, humanitarian, climatic, and environmental challenges. This initiative may prove important for a better coexistence of the pair close brethren.
