Acta Presidencial de Brasilia

Export agreement:

Export agreement coding (PDF)

Country/entity: Ecuador
Peru
Region: Americas
Agreement name: Acta Presidencial de Brasilia
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: Framework/substantive - comprehensive
Conflict nature: Territory
Peace process: Ecuador-Peru border dispute peace process
Parties: Ecuador, Peru

Alberto Fujimori
President of the Republic of Peru

Jamil Mahuad Witt
President of the Republic of Ecuador

But also:
Fernando de Trazegnies Granda
Minister of Foreign Affairs of Peru
Jose Ayala Lasso
Minister of Foreign Affairs of Ecuador
Third parties: Signatories/witnesses: US, Chile, Argentina, Brazil

Carlos Saul Menem
President of the Republic Argentina
Fernando Henrique Cardoso
President of the Federal Republic of Brazil
Eduardo Frei Ruiz-Tagle
President of the Republic of Chile
Thomas F. McLarty III
Personal Representative of the President of the United States of America
Fernando de Trazegnies Granda
Minister of Foreign Affairs of Peru
Jose Ayala Lasso
Minister of Foreign Affairs of Ecuador
Description: Builds on earlier agreements and establishes the series of accords and memoranda which deal with commercial arrangements such as provision of services, and joint development plans for border regions.

Agreement document: EC_PE_19981026_Presidential_Act_of_Brasilia_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): EC_PE_19981026_Acta_Presidencial_de_Brasilia.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: No specific mention.

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: No specific mention.
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: No specific mention.
Water or riparian rights or access: No specific mention.

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: Page 1, Art. 1:
"1. Express their conviction regarding the historic significance, for the development and well-being of the fraternal people of Ecuador and Peru, of the understandings reached between the two Governments. With these agreements the substantive discussion envisaged in the Itamaraty Peace Declaration of February 17th, 1995, culminates, and ends in a comprehensive and definitive manner the discrepancies between the two Republics so that, on the basis of their common roots, both nations are headed toward a promising future of cooperation and mutual benefit.

Page 2, Art. 4:
"4. Will expressly place on record the importance of the agreements reached for the ideals of peace, stability, and prosperity, which support the American continent. With this goal, and in line with the first article of the Protocol of Peace, Friendship and Borders of Rio de Janeiro (1942), they reaffirm their rejection of threat or use of force in relations between Peru and Ecuador, as well as of all acts that may undermine peace and friendship between the two nations.

Implementation

UN signatory: No specific mention.
Other international signatory: Representatives of the four Guarantor Countries: Argentina, Brazil, USA

Carlos Saul Menem
President of the Republic Argentina
Fernando Henrique Cardoso
President of the Federal Republic of Brazil
Eduardo Frei Ruiz-Tagle
President of the Republic of Chile
Thomas F. McLarty III
Personal Representative of the President of the United States of America
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Signatories/witnesses: US, Chile, Argentina, Brazil
Related cases: No specific mention.
Source: http://www4.congreso.gob.pe/comisiones/1999/exteriores/libro1/2avolum/indins.htm

Presidential Act of Brasilia

In the city of Brasilia, October 26th, 1998, the most excellent Jamil Mahuad Witt, President of the Republic of Ecuador and President Alberto Fujimori Fujimori, President of the Republic of Peru, met to make a formal record of the definitive end of any differences that for decades have separated these two countries.

The following were present, in their roles of Heads of State of the Guarantor Countries of the Protocol of Peace, Friendship and Borders, signed in Rio de Janeiro on January 29th, 1942:

Their excellencies Fernando Henrique Cardoso, President of the Federal Republic of Brazil, Carlos S. Menem, President of the Republic of Argentina, Eduardo Frei Ruiz-Tagle, President of the Republic of Chile and the Personal Representative of the President of the United States of America, Mr. Thomas F. McLarty III.

On the occasion of this momentous event, the Presidents of Peru and Ecuador agreed to endorse the present

Presidential Act of Brasilia

They therefore,

"1. Express their conviction regarding the historic significance, for the development and well-being of the fraternal people of Ecuador and Peru, of the understandings reached between the two Governments.

With these agreements the substantive discussion envisaged in the Itamaraty Peace Declaration of February 17th, 1995, culminates, and ends in a comprehensive and definitive manner the discrepancies between the two Republics so that, on the basis of their common roots, both nations are headed toward a promising future of cooperation and mutual benefit.

"2. Declare that with the binding view issued by the Heads of State of the Guarantor Countries, in their letter dated October 23rd, 1998, which forms an integral part of this document, the border dispute between the two countries is definitively resolved.

With this basis, they leave the firm and unbending will of their respective Governments to conclude, within the shortest possible time, the setting up of a Common Land Border.

"3. Simultaneously declare their commitment to submitting the agreements signed on this date to the internal law approval procedures, as appropriate, to ensure their speedy entry into force.

These agreements are:

“- Trade and Navigation Treaty, in line with article VI of the Protocol of Peace, Friendship and Borders of Rio de Janeiro.

"- Comprehensive Ecuadorian Peruvian Agreement on Border Integration, Development and Neighbourly Relations which includes as annexes the Regulation of the Peru-Ecuadorian Neighbourliness Commission;

the Convention on Transit of Persons, Vehicles, Sea and River Boats, and Aircrafts;

the Regulation of the Peru-Ecuadorian Border Committees;

the Organizational Structure of the Binational Development Plan for the Border Region;

Programs of the Binational Development Plan for the Border Region, and the Organizational Structure of the Binational Fund for Peace and Development.

It also includes the Acceleration and Strengthening of Free Trade between Ecuador and Peru Agreement.

Additionally, the Draft Agreement for Exchanging Notes to perform the Study for the Technical-Economical Feasibility of the Binational Putumayo-Tumbes Project;

the Draft Memorandum for Understanding the Urban-Regional Program and Tumbes-Machala Axis Services;

the Draft Memorandum for Understanding the Peru-Ecuadorian Interconnection Vial;

the Draft Convention on Electrical Interconnection;

the Base Agreement for Contracting a Feasibility Study for the Binational Hydrocarbons Transport Project;

the Draft Memorandum for Understanding the Strengthening of Mutual Cooperation in Tourism;

the Draft Agreement for the Development of a Technical Cooperation Program in the Area of Fishing;

and the Draft Memorandum for Understanding Cooperation in Education.

"- Exchange of Notes on the Bases Agreement with respect to the rehabilitation or reconstruction of the Zarumilla Channel’s water pipes, as well as the Rules for the Zarumilla Channel’s Administration and the Use of its Waters.

"- Exchange of Notes in relation to aspects related to the Navigation of Gaps in the Rivers and of the Napo River.

"- Exchange of Notes on the Constitutional Agreement of the Binational Peruvian-Ecuadorian Commission on Measures for Mutual Trust and Safety.

"4. Will expressly place on record the importance of the agreements reached for the ideals of peace, stability, and prosperity, which support the American continent.

With this goal, and in line with the first article of the Protocol of Peace, Friendship and Borders of Rio de Janeiro (1942), they reaffirm their rejection of threat or use of force in relations between Peru and Ecuador, as well as of all acts that may undermine peace and friendship between the two nations.

"5. Are eager to highlight their appreciation for the key role played in achieving these understandings by the Governments of Argentina, Brazil, Chile and the USA, Guarantor Countries of the Rio de Janeiro Protocol, and therefore will leave a record of the appreciation of their nations for the dedication and effort made in compliance with the Protocol and will call to for this to continue until the delineation of the border is complete".

Their Excellencies the Presidents of the Republics of Peru and of Ecuador, Alberto Fujimori and Doctor Jamil Mahuad Witt hereby sign this Act, as the Ministers of Foreign Affairs of Peru, Mr. Fernando De Trazegnies Granda and of Ecuador, Ambassador José Ayala Lasso endorse it.

Present as witnesses of this solemn ceremony:

their Excellencies Fernando

Henrique Cardoso, President of the Federal Republic of Brazil, Carlos S. Menem, President of the Republic of Argentina, Eduardo Frei Ruiz-Tagle, President of the Republic of Chile and the Personal Representative of the President of the United States of America, Mr. Thomas F. McLarty III.

Alberto Fujimori

President of the Republic of Peru

Jamil Mahuad Witt

President of the Republic of Ecuador

Carlos Saul Menem

President of the Republic Argentina

Fernando Henrique Cardoso

President of the Federal Republic of Brazil

Eduardo Frei Ruiz-Tagle

President of the Republic of Chile

Thomas F. McLarty III

Personal Representative of the President of the United States of America

Fernando de Trazegnies Granda

Minister of Foreign Affairs of Peru

Jose Ayala Lasso

Minister of Foreign Affairs of Ecuador