River Dispute Heads for
Court at The Hague
By Rebecca Kimitch
Tico Times Staff
rkimitch@ticotimes.net

Despite threats and economic pressure tactics from Nicaraguan legislators, the Costa Rican government announced yesterday it will take a seven-year dispute over the San Juan River, which lies between the two countries, to the International Court of Justice at The Hague.

The announcement from President Abel Pacheco and Foreign Minister Roberto Tovar came days after a three-year negotiation period between Nicaragua and Costa Rica expired without producing a resolution to the conflict, which centers on the terms under which Costa Rican police boats can navigate the river. It belongs to Nicaragua, according to international agreements.

“Why not end forever the only source of disagreement between Costa Rica and Nicaragua ?” Tovar said yesterday, reading aloud to the press a letter to his Nicaraguan counterpart Norman Caldera, who has suggested extending the negotiation period. “If our theories differ, and we haven't been able to reconcile them bilaterally, nor through mechanisms of mediation or arbitration, why not… present the debate before the highest international court, with the goal of ending, forever, our only reason for disagreement.”

Tensions have been rising in recent days regarding the dispute. Nicaraguan legislators released a resolution yesterday saying they would approve a 35% tax on Costa Rican imports if Costa Rica decided to take the dispute to The Hague. In addition, Nicaraguan legislator Enrique Quiñónez, of the ruling Liberal Constitutionalist Party, said his country would even resort to using arms to “defend the country's sovereignty” (TT Daily Page, Sept. 26).

“We will not respond to threats with threats,” Tovar said, adding that he does not understand why Nicaragua should have any objections to using an international court they have used in the past.

The dispute began in 1998, when former Nicaraguan President Arnoldo Alemán raised a stink about Costa Rican border police patrolling the river with gunboats, which he claims is a violation of international treaties. In 2001, the Nicaraguan government began prohibiting Costa Rican armed police boats from using the river.

Several treaties, dating as far back as 1858, grant Nicaragua sovereignty over the river, but guarantee Costa Rica commercial navigation rights. The interpretation of those treaties has been at the heart of the ongoing dispute. Costa Rica has maintained that its police need to transport supplies to its four border posts on the river. Nicaragua has replied that foreign forces must not bear arms within its territory (TT, May 10, 2002).

Since the dispute began, Costa Rica police have had to reach their remote border posts by land, or using rivers within Costa Rican territory.

Furthermore, Costa Rican boats are charged $25 to navigate the river, and passengers – often tourists – are charged an additional fee. This violates Costa Rica 's rights to free navigation, Tovar said.

In 2001, the International Court of Justice gave the countries 12 months to reach an agreement, but before that deadline expired, the two countries agreed to extend the truce and negotiations for three more years, which were up Monday.

Tovar says after more than two years of study and research, Costa Rica is “absolutely prepared” to present its case before the international court, asking for “not one right more, not one right less” than what it deserves under the international treaties. He expects the case could take three to five years in the court, during which Costa Rica will continue to respect Nicaragua 's rules.