
© by Eugen Roxas
SILALA WATERS • Evo Morales, president of the Plurinational State of Bolivia could be accused by the betrayal crime for the fact of recognizing in the International Pre-treaty that half of the waters of the Silala belong to Chile.
| Silala waters. Snowy peak Uturunco in the distance. It is near Quetena town. • Photo & Art © The Achacachi Post™ Derechos Reservados. |
(The Achacachi Post™, Quetena, Bolivia).-
The Silala eyes of water are in Bolivian side. These were channeled with masonry from the Bolivian side to take the water to the Chilean side in 1908 (FOX, Richard, Sciences of Southafrica, 1922). These water eyes do not conform an aquifer shared among the two countries, as Carlos Mesa’s Bolivian Chancellor Ignacio Siles invented, if it was this way the channels had been built in Chilean side. Neither these eyes of water conform a river because they were channeled artificially so to take water from a side to another of the frontier.
These days Bolivia and Chile signed a pre-treaty in which the owner of all the water, Bolivia, recognizes that half of the flow belongs to Chile!
According to the Bolivian constitutional law the signatories of this pre-treaty are committing the betrayal crime (Constitution, Art. 124) because this pre-treaty breaks in two the indivisible domain of water (Constitution, Art. 349), for not preserving the transborder waters, to give a natural resource as it is the water (Constitution, Art. 374) and not guaranteeing the sovereignty of Bolivia (Constitution, Arts. 377, 376).
Bolivian signatories of this pre-treaty defend themselves saying: Do we want to be paid or never? What did the previous governments make? Undoubtedly every Bolivian citizen wants to be paid. The only thing doesn't want in the pre-treaty, in “small letters”, furtively, surreptitiously, is to recognize that half of the waters belong to Chile.
If Bolivia is owner of those waters what should make now? First, Bolivia must be paid or arrange a plan for settlement of debts. If these two cases do not occur a civil action must be presented before international tribunals to be paid for the use of Bolivian waters. As the waters are in the Bolivian side, it is not necessary to discuss: Who is the owner of these waters. What else can do Bolivia? Second, it is to turn aside the waters for irrigating quinua fields that exists nears these eyes of water. Another option is to build a dam to produce electric power.
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International pre-treaty. That for which two States commits in future time to create, to unwrap, to modify, or finish a contract of International Law that one doesn't want to conclude or cannot be specified. As this International pre-treaty regulates in matter that affects directly to the parts interveners, it generally is written definitively in a Treaty-contract.
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