Acuerdo de Bases respecto de la rehabilitación o reconstrucción de la bocatoma y obras conexas del Canal de Zarumilla Grupo de Trabajo sobre el Canal de Zarumilla

Export agreement:

Export agreement coding (PDF)

Country/entity: Ecuador
Peru
Region: Americas
Agreement name: Acuerdo de Bases respecto de la rehabilitación o reconstrucción de la bocatoma y obras conexas del Canal de Zarumilla Grupo de Trabajo sobre el Canal de Zarumilla
Date: 26 Oct 1998
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Cenepa War (1995)
This brief conflict was fought between Peru and Ecuador in 1995, over the control of the Canepa valley on Peruvian territory. There had been earlier military confrontations over this area between the two nations, one in 1941 (the Ecuadorian-Peruvian War), resulting in a border treaty later disagreed with by Ecuador, and another brief confrontation in 1981. The war was initiated by Ecuadorian outposts at the Cenepa River that were discovered by a Peruvian patrol. Peru claimed that the existence of these outposts constituted a violation of Peruvian territory and gave Ecuador an ultimatum to withdraw its patrols or they would be dislodged by force. The deadline passed and Peruvian troops were deployed to the area to remove the Ecuadorian posts, followed by a general mobilization by both sides. Heavy air and ground attack were carried out from the end of January until 28 February when a bilateral ceasefire agreement was signed.
In March 1995, the Military Observer Mission to Ecuador and Peru came to Canepa, which was later turned into a demilitarized zone, to supervise the separation of forces. Furthermore, both governments negotiated the final demarcation of the border, resulting in the Rio Protocol, signed 26 October 1998.
Stage: Implementation/renegotiation
Conflict nature: Territory
Peace process: Ecuador-Peru border dispute peace process
Parties: Ecuador, Peru
(no signatories listed)
Third parties: Signatories/witnesses: US, Chile, Argentina, Brazil
Description: Constituent Agmt of Acta Presidencial de Brasilia. Parties agree on joint management of the Canal, establishing a Permanent Binational Commission to that end.

Agreement document: EC_PE_981026_Base_Agreement_with_respect_to_the_rehabilitation_or_reconstruction_ Zarumilla_Canal_tr.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: [Summary] Agreement concerns the joint maintanence and facilitation of the Zarumilla Canal which entails cross border provisions.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: The whole agreement refers to the reconstruction and maintenance of a canal, allowing for mobility in the previously disputed area.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 1, I. THE ZARUMILLA Canal ADMINISTRATION
A. General Concepts
... 6. For ecological reasons, the minimum amount of flow that will run through the Zarumilla river waters to the sea will be 0.4 m3/s under capacity, when this is possible.

Page 2, C. Obligations of Ecuador
Immediate obligations
22. Remove the buildings located at the edge of the Canal and stop any dumping of sewage or salty water from waste tanks.

Page 3,
D. Joint Obligations
26. Maintain the Canal’s path and remove all existing obstacles that will impede the smooth operation of the Canal that may have originated from its settlers’ harmful activities and remove all causes of pollution and sand blockages existing on the Canal’s path.
... 28. Clean and decontaminate the Canal and its banks.
Water or riparian rights or access: [Summary] The entire agreement concerns water issues.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: A. 4. parties agree permanent Binational Commission to handle management of the canal. II. Repair to the canal to be considered by the Commission for Integration established to agree a joint development plan for the border region.
Related cases: No specific mention.
Source: http://www4.congreso.gob.pe/comisiones/1999/exteriores/libro1/2avolum/06nota.htm

Base Agreement with respect to the rehabilitation or reconstruction of the Zarumilla Canal’s water pipes and related operations Zarumilla Canal Working Group

Base Agreement

I. THE ZARUMILLA Canal ADMINISTRATION

A. General Concepts

1. Through Peru’s construction work, and in line with the Aranha Formula, the Zarumilla Canal began to operate in 1947.

2. The passage of time and particularly the extraordinary hydrological events in the area have deteriorated water collection and flow, leading to a situation that requires an unforeseen additional effort, in order to ensure compliance with the Peruvian obligation laid down in the Aranha Formula.

3. The rights and obligations of Peru and Ecuador, with regard to the functioning and operation of the Zarumilla Canal, will be recorded in a Regulation that will establish the future regime of the Canal’s management for its flow and the use of its waters, in line with the Aranha Formula.

4. The Regulation that will be agreed upon must take into account the proposals submitted by Ecuador (May 21st, 1997) and Peru (March 5th, 1998).

The Regulation will establish a Permanent Binational Commission as the governing and responsible body for the Zarumilla Canal’s administration.

5. The item relating to the distribution of the flow rates of water that runs through the Zarumilla Canal has been left pending for the next meeting.

Internally, each country will make provisions according to its own laws.

6. For ecological reasons, the minimum amount of flow that will run through the Zarumilla river waters to the sea will be 0.4 m3/s under capacity, when this is possible.

B. Obligations of Peru

Immediate obligations

7. During the damage assessment of existing structures phase, it must study the logistics of improved reconstruction of the current water pipes or construction of new ones, as appropriate, after a technical and economic analysis, and report on the results to Ecuador.

8. During the project, it must submit to Ecuador, so it may give its opinion and suggestions, the studies and designs that are used for the reconstruction of the current water pipes or for the construction of new ones, which in both cases must meet modern relevant requirements (Sand remover, landfills, unloaders, grilles).

9. During the building phase, it must rebuild the current water pipes or build new ones, assuming the related costs and following the designs agreed upon with Ecuador.

10. Incorporate into the water pipes automatic measurement and instantaneous long-distance information transmission systems (water levels and flows), of information captured downstream of the Zarumilla river, with Ecuador’s knowledge.

11. Rehabilitate the Zarumilla Canal, at its own expense.

12. Resolve in the Peruvian sector any problems that cause any deviation operations of the Canal waters, especially in Kilometre 2 + 650m, on the Dos Bocas sites.

Mediate and permanent obligations

13. Operate and maintain water pipes- new or improved- in line with what is agreed by the Permanent Binational Commission and with the Rules for the Zarumilla Canal’s Management.

The lock-gates will be handled by Peru in compliance with the calendars, schedules decided upon by the Permanent Binational Commission and agreed upon by an Ecuadorian observer.

14. To maintain at its own expense automatic measurement and instantaneous long-distance information transmission systems (water levels and flows) of information captured downstream of the Zarumilla river, with Ecuador’s knowledge.

15. Carry out maintenance of the Zarumilla Canal, assuming fifty percent of the work and costs

C. Obligations of Ecuador

Immediate obligations

16. Submit to the Government of Peru its suggestions for studies and designs necessary for the reconstruction of current water pipes or building of new ones.

17. Grant and ensure the necessary facilities for carrying out studies on the Zarumilla River’s right-hand bank, upstream of the water pipes.

18. Follow up on the reconstruction of current water pipes or building of new ones.

19. Build, to a standard satisfactory to Peru and Ecuador, any channelling, protection, or other facilities, on the right-hand bank, immediately upstream of the water pipes.

20. Refit handsets to be able to receive data (water levels and flows) captured downstream of the Zarumilla River, from the water pipes and their automatic system.

21. Leave 10 meters on the right bank of the Canal available, and build in that strip a service path

22. Remove the buildings located at the edge of the Canal and stop any dumping of sewage or salty water from waste tanks.

Mediate and permanent Obligations

23. Maintain terminals in Ecuadorian territory used to receive information from automatic measurement and instantaneous long-distance information transmission systems (water levels and flows), captured downstream of the Zarumilla River, from the Peruvian water pipes.

24. Contribute to the maintenance of the Zarumilla Canal, assuming fifty per cent of the work or costs, as well as assuming the full cost of the maintenance of the service road on the right bank.

25. Carry out the maintenance of the water pipes’ channelling facilities on its shore and bear the full cost.

D. Joint Obligations

26. Maintain the Canal’s path and remove all existing obstacles that will impede the smooth operation of the Canal that may have originated from its settlers’ harmful activities and remove all causes of pollution and sand blockages existing on the Canal’s path.

27. The two countries will build any separation or deviation facilities that they agree upon to ensure the water-use rights of each.

28. Clean and decontaminate the Canal and its banks.

29. Prepare a Regulation on the basis of the present document, whereby the Permanent Binational Commission for the administration of the Zarumilla Canal has, inter alia, the following responsibilities:

29.1 To annually plan Canal maintenance tasks, on the basis of recommendations contained in the Routine and Exceptional Service Manual that rehabilitation of the Canal requires.

29.2 Annually assign equal budgets for the Canal’s maintenance.

29.3 Maintain the Canal by recruiting a private company, preferably a binational one or another option chosen by the Permanent Binational Commission.

29.4 Agree shifts for the use of water, without prejudice toward the fulfilling that discussed in paragraph 5 of this document.

29.5 Delegate within the Binational Commission Permanent the preparation of its own Operating Manual in line with the Regulation to be agreed.

30. Analyze the convenience of extending the Canal coated in concrete, from the International Bridge to the Codo de Hualtaco, approximately 5kms, following the border.

II. MEASURES FOR MANAGING THE ZARUMILLA RIVER BASIN

1. Share the Ecuadorian proposal made in Washington DC on the 18th and 19th of February, 1998, by including this item in the list of projects to be considered by the Integration Commission in charge of formulating a Binational Development Plan for the border region.